Byington v. Clover Club Potato & Produce Company

SMITH, Justice.

Appellant appeals from a $6,579.40 judgment entered against it in respondents’ favor as damages for breach of a contract for the sale and purchase of a crop of potatoes; it also appeals from orders denying its motions for judgment notwithstanding the verdict and for a new trial.

March 4, 1961, appellant, through its agent Ray DeRoche, manager of its warehouse at Cotton Siding, Idaho, entered into a written contract whereby respondents agreed to grow approximately 50 acres of Kennebec potatoes and appellant agreed to buy “all lots of potatoes from this acreage graded not less…