Bodine's, Inc. v. Sunny-O, Inc.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

This action arises out of the purchase by plaintiff of orange juice concentrate from defendant Sunny-O, Inc. (“Sunny-O”) through the auspices of an independent broker, Pilgrim Marketing, Inc. (“Pilgrim”). The complaint states that during 1978, Bodine’s, Inc. (“Bodine’s”), a manufacturer and distributor of orange juice and orange juice concentrates, placed a purchase order for “Grade A” orange juice concentrate with Pilgrim, a broker and distributor of orange juice products. Pilgrim then contacted Sunny-O, a manufacturer of citrus products,…