Mitchell v. Barendregt

ON REHEARING 1990 OPINION NO. 130, ISSUED SEPTEMBER 5, 1990, IS HEREBY WITHDRAWN AND THIS OPINION IS SUBSTITUTED THEREFORE.

BENGTSON, Judge, Pro Tern.

This action arises out of an alleged contract between the parties for the sale of potatoes and implicates certain provisions of the Uniform Commercial Code as adopted in Idaho. For reasons stated below, we vacate the judgment entered in favor of the respondent, Dell M. Mitchell, and remand the case for a new trial.

In 1984, appellant, Melvin Barendregt, a potato farmer in southern Idaho, grew potatoes under contracts with Ore-Ida Foods, Inc. and…