California Court of Appeal

In a suit brought by a commodities merchandiser, alleging buyer-defendant failed to accept and pay for 14,625 tons of the cottonseed, which were to be delivered between October 2008 and August 2009, the trial court's judgment in favor of defendant is reversed where: 1) the trial court's finding of lack of mutual assent is erroneous under the California Uniform Commercial Code, which provides "gap fillers" to cover the terms left open by the parties' oral agreement; 2) Apex confirmed each sale of cottonseed with a confirmatory writing, called a sales contract; 3) Substantial evidence did not support the trial court’s finding that Apex failed to resell the cottonseed in a commercially reasonable manner; and 4) the trial court's finding on the issue of damages is erroneous under the California Uniform Commercial Code.

Appellate Information

• Decided 06/05/2012
• Published 06/05/2012

Judges

• FYBEL

Court

• California Court of Appeal

Counsel