MYRON SOIK & SONS v. STOKELY USA

No. 92-0251.

175 Wis.2d 456 (1993)

498 N.W.2d 897

MYRON SOIK & SONS, INC., Arlyn G. "Butch" West, Lee Chipman, Turzinski Poultry Farms, Inc., Bruce Russel, and Mark Russel, d/b/a Russel Brothers Farms, Donald Rowe, David Rowe and Daniel Rowe, d/b/a Rowe Farms, Plaintiffs-Respondents, Jerome WOYAK and Jack Woyak, Russel G. Rilling, Donald Buehring, Wayne Remer and Larry Remer, Eugster's Farm Market, Inc., Sunnyside Seed Farms, Inc., Larry Pulsfus, Richard Schram, Dennis Schram, and Edward Schram, d/b/a Schram Farms, Daniel E. Yeska and Ed Yeska, d/b/a Yeska Brothers Farms, Leroy Cayce and Ryan Kramer, d/b/a Cayce Farms, Adams Farms, Inc., Arnold Bomkamp, Donald Krueger and David Krueger, d/b/a Double D Farms, James E. Treinen, Colburn Farms, Inc., John Lindscheid and Bill Lindscheid, Kenneth Herschleb and Richard Herschleb, Betty Timm, Okray Family Farms, Inc., Wysocki Farms, Inc., K & K Farms, Inc., William Spurley and John Meffert, d/b/a Meffert Farms, Class Members-Respondents, v. STOKELY USA, INC., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 25, 1993.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of David V. Meany and Grant C. Killoran of Michael, Best & Friedrich of Milwaukee.

For the plaintiffs-respondents the cause was submitted on the brief of Anderson, Shannon, O'Brien, Rice & Bertz by Thomas W. Bertz, Stevens Point, and Daniel G. Golden, Plover.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.


EICH, C.J.

This is a class action by farmers growing corn under contract with Stokely USA, Inc., a vegetable canning company. The growers sued Stokely, claiming the company had failed to pay the amounts due them under the contracts.

The growers' claims center on a section of the 1990 corn contract providing a method of payment for "passed acreage"—corn grown by them but not taken by the company. Under the contracts, passed acreage payments were to be...

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