Legal Opinion

Gemini Farms L.L.C. v. Smith-Kem Ellensburg, Inc.

Court of Appeals of Washington

Decided January 18, 2001No. 19010-2-IIIPublishedCited by 1 opinion

1Opinion of the CourtSweeney, J.

—A seller is entitled to prejudgment interest on a liquidated account unless the liquidated claim is offsettable against an unliquidated claim for damages arising out of the same contract. Smith-Kem Ellensburg, Inc. sold Gemini Farms chemicals on open account. Some of the chemicals were bad and caused damage to Gemini’s crops. The question before us is whether Smith-Kem is entitled to prejudgment interest on its unpaid invoices ($22,562.56) following a $150,000 settlement for crop damage resulting from bad chemicals. We conclude on authority of Mall Tool Co. v. Far West Equipment Co.1 that it…

2Cases cited6 opinions

  1. Mall Tool Co. v. Far West Equipment Co.Washington Supreme Court · 1954
  2. All Star Gas, Inc. v. BechardCourt of Appeals of Washington · 2000
  3. All Star Gas, Inc. v. BechartCourt of Appeals of Washington · 2000
  4. Heron v. GaylorNew Mexico Supreme Court · 1942
  5. Pagnotta v. Beall Trailers of Oregon, Inc.Court of Appeals of Washington · 2000

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Tooth Acres LLC v. Hoodstock Ranch LLCDistrict Court, E.D. Washington · 2021

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API