Legal Opinion
Colley v. Bi-State, Inc.
Court of Appeals of Washington
Decided February 9, 1979No. 2316-3PublishedCited by 4 opinions
1Opinion of the CourtGreen, J.
— Ray Colley sued Bi-State, Inc., for payment for 5,235.03 bushels of wheat which he sold and delivered to Bi-State in July and August 1974. Bi-State counterclaimed for damages for Mr. Colley's failure to deliver the remaining 19,764.97 bushels allegedly due under two contracts. From a judgment in favor of Bi-State for $2,528.97, both parties appeal.
Two questions are presented: (1) Do the provisions of either RCW 62A.2-613 relating to casualty to identified goods or RCW 62A.2-615 relating to commercial impracticability excuse Mr. Colley's performance? and (2) Did the trial court err when it…
2Cases cited6 opinions
- Eastern Air Lines, Inc., Plaintiff-Appellant-Cross v. McDonnell Douglas Corporation, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1976
- Mishara Construction Co. v. Transit-Mixed Concrete Corp.Massachusetts Supreme Judicial Court · 1974
- American Oil Co. v. Columbia Oil Co.Washington Supreme Court · 1977
- Ralston Purina Company v. McNabbDistrict Court, W.D. Tennessee · 1974
- Snipes Mountain Co. v. Benz Bros. & Co.Washington Supreme Court · 1931
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- ConAgra, Inc. v. Bartlett PartnershipNebraska Supreme Court · 1995
- Homestake Mining Co. v. Washington Public Power Supply SystemDistrict Court, N.D. California · 1979
- Clark v. Wallace County Cooperative Equity ExchangeCourt of Appeals of Kansas · 1999
- North Pacific Insurance v. KelleyCourt of Appeals for the Ninth Circuit · 2006