CAMPBELL SOUP CO. V. WENTZ
172 F.2d 80 (3d Cir. 1948)
NATURE OF THE CASE: Campbell (P) sought review of a judgment denying equitable relief to
P under a contract of sale.
FACTS: P entered into a written contract with George B. Wentz and Harry T. Wentz, (D) who
are Pennsylvania farmers, for delivery by the D to P of all the Chantenay red cored carrots
to be grown on fifteen acres of D's farm during the 1947 season. The contract provides for
delivery of the carrots at P's plant in Camden, New Jersey. The prices specified in the
contract ranged from $23 to $30 per ton according to the time of delivery. The contract
price for January, 1948 was $30 a ton. Ds harvested 100 tons of carrots from the fifteen
acres covered by the contract. Early in January, 1948, they told P that they would not
deliver their carrots at the contract price. The market price at that time was at least $90
per ton, and Chantenay red cored carrots were virtually unobtainable. D then sold 62 tons of
their carrots to Lojeski (D1), a neighboring farmer. D1 resold about 58 tons on the open
market, approximately half to P and the balance to other purchasers. P sued Ds to enjoin
further sale of the contract carrots to others, and to compel specific performance of the
contract. The trial court denied equitable relief.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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