E.S. HERRICK v. MAINE WILD BLUEBERRY CO.


670 A.2d 944 (1996)

E.S. HERRICK CO. v. MAINE WILD BLUEBERRY CO.

Supreme Judicial Court of Maine.

Decided February 7, 1996.


Attorney(s) appearing for the Case

Barry K. Mills (orally), Hale & Hamlin, Ellsworth, for Plaintiff.

Brett D. Baber (orally), Rudman & Winchell, Bangor, for Defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, DANA, and LIPEZ, JJ.


DANA, Justice.

Maine Wild Blueberry Co. (Maine Wild) appeals and E.S. Herrick Co. (Herrick) cross-appeals from a judgment entered in the Superior Court (Hancock County, Marsano, J.) awarding Herrick damages for Maine Wild's breach of contract. Maine Wild contends that the court erred in determining that Herrick was not bound by an accord and satisfaction and was contractually required to negotiate the amount of the "field price" due under the 1990 contract...

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