Hills Bros. Coffee, Inc. v. Dairyland Transport, Inc.

Hills Bros. Coffee, Inc. appeals from an order denying summary judgment and from a judgment for damages. Hills Bros. first contends there was no material issue of fact regarding damages and therefore summary judgment was improperly denied. Second, Hills Bros. argues that the trial court misinstructed the jury on fair market value. We disagree and affirm.

In December 1985, Hills Bros. contracted with Dairyland Transport, Inc. to ship a truckload of coffee from one warehouse to another for storage prior to sale. No definite sale had yet been arranged. The coffee was, however, in final marketable…