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KGM HARVESTING CO. v. FRESH NETWORK

Docket No. H011702.

36 Cal.App.4th 376 (1995)

42 Cal. Rptr.2d 286

KGM HARVESTING COMPANY, Plaintiff, Cross-defendant and Appellant, v. FRESH NETWORK, Defendant, Cross-complainant and Appellant.

Court of Appeals of California, Sixth District.

June 30, 1995.

Attorney(s) appearing for the Case

COUNSEL

Russell J. Hanlon, Berliner Cohen, Cominos & Biegel, Lawrence E. Biegel and Vicki Schermer-Kleinkopf for Plaintiff, Cross-defendant and Appellant. Fenton & Keller and Charles R. Keller for Defendant, Cross-complainant and Appellant.

OPINION

COTTLE, P.J.

California lettuce grower and distributor KGM Harvesting Company (hereafter seller) had a contract to deliver 14 loads of lettuce each week to Ohio lettuce broker Fresh Network (hereafter buyer). When the price of lettuce rose dramatically in May and June 1991, seller refused to deliver the required quantity of lettuce to buyer. Buyer then purchased lettuce on the open market in order to fulfill its contractual...

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