Interstate Commerce, Acceptance, Rejection

Therefore, since the tomatoes were accepted, the Buyer was liable for the full invoice price of the tomatoes, less any damages resulting from any proven breach of contract....

Complied by Cliff Sieloff, Claims Analyst, Blue Book Services
August 31, 2016
1 minute read
Interstate Commerce, Acceptance, Rejection

Therefore, since the tomatoes were accepted, the Buyer was liable for the full invoice price of the tomatoes, less any damages resulting from any proven breach of contract. The Buyer contended that damages resulted from Seller’s failure to supply the correct brand, and by its failure to supply the proper color. While recognizing a breach on both counts, PACA found that the Buyer had not established damages resulting from Seller’s failure to ship the brand and color of tomatoes called for in the sales agreement. Accordingly, the Buyer was found liable to the Seller for the full contract price of the tomatoes, or $13,824.65, plus interest.

These summaries are not issued by the USDA, nor the PACA Branch, and should not be mistaken for an official government statement or release.

Cliff Sieloff is a Claims Analyst at Blue Book Services, Inc.

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