Allied Canners & Packers, Inc. v. Victor Packing Co.
California Court of Appeal
162 Cal. App. 3d 905, 209 Cal. Rptr. 60 (1984)
Victor Packing Co. (Victor) (defendant) had a contract to sell raisins to Allied Canners & Packers (Allied) (plaintiff). Allied planned to resell the raisins to a Japanese buyer, making a four-percent profit. Due to weather conditions and governmental regulations, Victor was unable to deliver the raisins to Allied. However, by that time, raisin prices had tripled. Although Allied had a contract to resell the raisins to the Japanese buyer, Allied did not purchase substitute raisins, and the Japanese buyer never pursued Allied for the missing raisins. Allied sued Victor for breach of contract. Victor conceded the breach, but disputed Allied’s damages calculation. Victor argued that Allied’s actual damages amounted to the four-percent commission that Allied lost on the deal with the Japanese buyer. The commission would have been about $4,000. Allied argued that damages should be calculated as the difference between the contract price and the market price of substitute raisins, which was over $150,000. The trial court declined to award the larger figure based on market damages and only awarded $4,462.50 in actual damages to Allied. Allied appealed.
Rule of Law
Holding and Reasoning (Rouse, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.