Weeks v. Workforce Safety & Insurance
2011 ND 188
| N.D. | 2011Background
- Benz Farm, LLP grows/sells potatoes; Cavendish Farms, Inc. processes potatoes in Jamestown and buys from Benz under written storage agreements.
- Two 2006 contracts: Grower Storage and Company Storage, with quality standards and Cavendish directing delivery; Exhibit A field designation later unresolved.
- Field Detail Forms were submitted but not signed by Cavendish; there was no signed Exhibit A at signing.
- Rot and pink eye affected potatoes were discovered Sept. 2006; Cavendish expressed concern about storing tainted potatoes.
- Benz and Cavendish allegedly discussed ‘switching fields’ and delivery timing; Cavendish ultimately accepted 80,000 hundredweight of affected potatoes and Benz disposed of the rest as hog feed.
- In 2007, a Company Storage Agreement was executed; Benz alleges numerous oral delivery-date modifications by Cavendish.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Breach of contract for 2006 delivery timing | Benz contends oral modification allowed delivery sooner per Sept. 2006 agreement. | No oral modification clause; modification must be writing; Cavendish did not breach written terms. | Summary judgment proper; no valid oral modification; no breach. |
| Applicability of the Unlawful Sales or Advertising Practices Act to a purchaser | Benz seeks Act liability against Cavendish as purchaser. | Act targets sellers/advertisers; purchaser cannot be liable. | Act does not apply to or create a claim against a purchaser. |
| Leave to amend the complaint | Amend to add theories/damages after discovery. | Late amendment would be prejudicial and futile; insufficient evidence. | District court did not abuse discretion; amendment denied. |
| Attorney fees | Fees should not be awarded to Cavendish under the agreement if claims premised on oral deals. | Litigation arose from written contract; prevailing party entitled to fees. | District court did not err awarding Cavendish attorney fees. |
Key Cases Cited
- Dalan v. Paracelsus Healthcare Corp., 2002 ND 46 (ND) (no-oral-modification clause enforced)
- Cavendish Farms, Inc. v. Mathiason Farms, Inc., 2010 ND 236 (ND) (contract for future crop under UCC; precludes oral modification)
- Ackre v. Chapman & Chapman, P.C., 2010 ND 167 (ND) (private action under ND Unlawful Sales or Advertising Practices Act)
- Riverwood Commercial Park, LLC v. Standard Oil Co., 2011 ND 95 (ND) (summary judgment standard; de novo review on record)
- Collection Ctr., Inc. v. Bydal, 2011 ND 63 (ND) (summary judgment burden-shifting and need for competent evidence)
- Johnson v. Hovland, 2011 ND 64 (ND) (standards for leave to amend after responsive pleading)