Meuse-Rhine-Ijssel Cattle Breeders of Canada Ltd. v. Y-Tex Corp.

RAPER, Chief Justice.

This appeal arises from an order of the district court granting the motion for summary judgment made by defendant-appel-lee, Y-Tex Corporation (Y-Tex). The plaintiff-appellant, Meuse-Rhine-Ijssel Cattle Breeders of Canada Ltd. (MRI), appeals from the order, contending that a factual dispute in regard to the parties’ agreement was created by the evidence presented, that the law of “impossibility of performance” and “frustration of purpose” was inappropriately applied by the district court, and that there was no breach of contract by MRI.1

We will reverse the summary…