Webb v. Dessert Seed Co., Inc.

ROVIRA, Justice.

We granted two petitions for certiorari to review the opinion of the Colorado Court of Appeals in Fagerberg v. Webb, 678 P.2d 544 (Colo.App.1983), an appeal from the Weld County District Court. We now reverse the judgment of the court of appeals in Case No. 83SC455 and reverse in part, affirm in part, and remand for further proceedings in Case No. 83SC428.

I

In April of 1974, Dessert Seed Company, Inc. (Dessert Seed), an importer of onion seeds which sells between one-third and one-half of all the onion seeds sold in the United States, entered into a contract to sell 1,200…