Pillsbury Co., Inc. v. Wells Dairy, Inc.

WIGGINS, Justice.

The Pillsbury Company, Inc. appeals a district court ruling granting Wells Dairy Inc.’s motion for summary judgment dismissing Pillsbury’s action on the grounds that Pillsbury was not the real party in interest and the force-majeure clause in the parties’ production contract relieved Wells of performance. On our review of the record, we find that genuine issues of material fact exist as to whether Pillsbury is the real party in interest and that as a matter of law, under the production contract a force-majeure event must be beyond the reasonable control of Wells. Therefore,…