BP Land & Cattle, L.L.C. v. Balcom & Moe, Inc.

BP Land & Cattle, L.L.C. (BPLC) and Balcom & Moe, Inc., entered into a Potato Grower Agreement (Agreement). Balcom & Moe issued a check for the first batch of potatoes to BPLC member Mike Pink, who deposited it into his personal account and subsequently declared bankruptcy. BPLC sued Balcom & Moe for the money paid to Mr. Pink. The court granted summary judgment dismissal. We reverse and remand for trial.

BPLC is a limited liability company organized pursuant to chapter 25.15 RCW. Burl Booker and Mike Pink are the only two members of BPLC, which engaged in general agribusiness activities. Mr.…