Western Farm Service, Inc. v. Olsen

(dissenting) — J.R. Simplot Co. contracted with farmer Lynn Olsen to buy potatoes. The price was *654computed per ton and varied depending on the quality of potatoes Olsen delivered. See Clerk’s Papers (CP) at 1959-GO, § III (J.R. Simplot Co. Potato Growing Agreement, dated June 16,1997).4 The terms of the contract required Olsen to bear the cost of delivering the potatoes to a site chosen by Simplot if within eight miles. CP at 1962, § VI.2 (“Said potato crop shall be harvested and delivered field run to the Company at the expense of the Grower” (emphasis added)). Only when Simplot instructed…