DC FARMS v. CONAGRA FOODS LAMB WESTON

No. 30963-1-III.

317 P.3d 543 (2014)

DC FARMS, LLC, an Idaho limited liability company, Appellant, v. CONAGRA FOODS LAMB WESTON, INC., a Delaware corporation doing business in Washington State, Respondent.

Court of Appeals of Washington, Division 3.

January 30, 2014.


Attorney(s) appearing for the Case

Jed William Morris , Attorney at Law, Trevor R. Pincock , Attorney at Law, Laura J. Black , Lukins & Annis, P.S., Spokane, WA, for Appellant.

Gregory John Arpin , Gerald Kobluk , Paine Hamblen LLP, Spokane, WA, for Respondent.


SIDDOWAY, A.C.J.

¶ 1 The trial court resolved this contract dispute on summary judgment, concluding that a food processor was excused from providing a contractually required notice of default and opportunity to cure because a farmer's breach was incurable. This was error. The processor was required to honor the notice-and-cure provision despite its belief that the breach could not be cured. It could and did seek summary judgment that the farmer suffered no damage...

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