United States Eighth Circuit

In a suit brought by a honey wholesaler against a honey farmer for breach of contract and specific performance alleging a failure to provide a required quantity of honey set forth in a contract, a judgment pursuant to a jury verdict in favor of plaintiff and defendant is affirmed over claims of error regarding: 1) the statute of frauds; 2) force majeure; 3) commercial impracticability; 4) anticipatory repudiation; 5) jury instructions; and 6) damages.

Appellate Information

• Decided 07/05/2006
• Published 07/05/2006

Judges

• BYE, Circuit Judge., Before LOKEN, Chief Judge, LAY, and BYE, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kent R. Cutler, argued, Sioux Falls, SD (Brian J. Donahoe, on the brief), for appellant Richard Adee.


• For Appellees:
  
• James T. Martin, argued, Edina, MN, for Appellee Melford Olson Honey.