Legal Opinion

CNJ Distributing Corp. v. D & F Farms, Inc.

Montana Supreme Court

Decided September 17, 2013No. DA 13-0068Published

1Opinion of the CourtJustice Wheat

¶1 CNJ Distributing Corp. (CNJ) appeals from the Order of the Sixth Judicial District, Sweet Grass County, denying and dismissing with prejudice CNJ’s breach of contract claim against D&F Farms, Inc. (D&F).

ISSUES

¶2' We restate the issues on appeal as follows:

¶3 Did the District Court err in finding D&F did not materially breach the contract by failing to object to rocky field conditions or by failing to achieve consistent depth of seed placement ?

¶4 Did D&F’s failure to get the seed to the proper depth prevent CNJ from harvesting the crop during harvest season and proximately cause CNJ’s…

2Cases cited10 opinions

  1. Stutzman v. Safeco Insurance Co. of AmericaMontana Supreme Court · 1997
  2. Eschenbacher v. AndersonMontana Supreme Court · 2001
  3. Smith v. ZeppMontana Supreme Court · 1977
  4. Norwood v. Service Distributing, Inc.Montana Supreme Court · 2000
  5. Cape-France Enterprises v. Estate of PeedMontana Supreme Court · 2001

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