Tex-Goober Company v. Los Angeles Nut House, Inc.

W. EUGENE DAVIS, Circuit Judge:

This is an appeal by a nut house in a lawsuit over peanuts. The dispute boils down to whether Spanish No. 1 peanuts should have been substituted for Spanish Jumbo peanuts. Because the trial judge failed to submit an interrogatory to the jury on the custom for substitution in this nutty business, we remand the case for additional findings of fact.

I

The Tex-Goober Company (Tex-Goober) agreed to sell 270,000 pounds of Spanish Jumbo peanuts to the Los Angeles Nut House (LANUT) at $.42 a pound. The contract was made in July of 1980 through a broker named Sol Sachs.…