Ethan Dairy Products v. Austin

KONENKAMP, Circuit Judge.

Paul F. Austin (Austin) and American Cheesemen, Inc. (American Cheesemen) appeal from a judgment against them for breach of contract on the purchase price of 199 blocks of cheese. We affirm, in part, reverse, in part, and remand.

The president of Ethan Dairy Products (Ethan Dairy) telephoned Austin, the sole owner and president of American Cheese-men and offered to sell two hundred, 40 pound blocks of Grade A Cheddar cheese. They negotiated a price of $1,315 per pound and agreed the cheese would be shipped to Oshkosh Cold Storage Company (Oshkosh Cold Storage) in…