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PANIKE & SONS FARMS, INC. v. SMITH

No. 35062.

212 P.3d 992 (2009)

PANIKE & SONS FARMS, INC., Plaintiff-Appellant, v. Randy SMITH and Janine Smith, husband and wife, individually and in their separate capacity, dba Four Rivers Packing Co., Defendants-Respondents. Four Rivers Packing Co., an Idaho corporation, Plaintiff-Respondent, v. Panike & Sons Farms, Inc., Defendant-Appellant.

Supreme Court of Idaho, Boise, June 2009 Term.

July 9, 2009.

Attorney(s) appearing for the Case

Nixon Peabody, LLP, Rochester, NY, for appellant. David L. Cook argued.

Walker Law Office, Weiser, for appellant. Bruce H. Birch, Payette, argued for respondents.

BURDICK, Justice.

This action involves a dispute over a pre-season contract between Appellant Panike & Sons Farms, Inc. (Panike) and Respondent Four Rivers Packing Co. (Four Rivers) for the sale of onions. The contract stated that the buyer (Four Rivers) would designate the fields from which the onions would come, and then required that the onions "meet 75% three-inch minimum requirements." Panike contends that the district court erred in finding that Panike breached...

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