Pieper, Inc. v. Land O'Lakes Farmland Feed, Llc, a Delaware Limited Liability Corporation

RILEY, Circuit Judge.

This appeal arises out of Pieper, Inc.’s (Pieper) breach of contract action against Land O’Lakes Farmland Feed, LLC (LOLFF). Pieper appeals the district court’s 1 grant of summary judgment to LOLFF on its affirmative defense of frustration of purpose. Frustrating Pieper, we affirm.

I. BACKGROUND

Pieper and LOLFF entered into a Weaned Pig Purchase Agreement (Agreement), in which LOLFF agreed to purchase weaner pigs, i.e., weaned piglets, from Pieper. LOLFF intended to sell these pigs to third-party finishers, who would raise the pigs to market weight. Farmland Industries,…