Blue Creek Farm, Inc. v. Aurora Cooperative Elevator Co.

Appellant, Blue Creek Farm, Inc. (Blue Creek), brought this action seeking a declaration that its contractual obligation to deliver com to appellee, Aurora Cooperative Elevator Company (Aurora), between March 1 and 31, 1996, had expired. Blue Creek further sought a declaration that each party’s obligations under the contracts were excused by Aurora’s attempt to invoke the contracts’ force majeure provisions. The district court for Hamilton County determined that time was not of the essence and that an 11-day delay in performance was reasonable and, therefore, dismissed Blue Creek’s claim. We…