Brookside Farms v. Mama Rizzo’s, Inc.
United States District Court for the Southern District of Texas
873 F. Supp. 1029 (1995)
Brookside Farms (Brookside) (plaintiff) and Mama Rizzo’s, Inc. (MRI) (defendant) entered into a requirements contract whereby Brookside promised to supply fresh basil leaves. The price for the basil was seasonally based. MRI agreed to pay $3.80 per pound in the growing season and $5.00 per pound in the non-growing season. After entering into the contract, MRI requested that Brookside remove the stems from the basil leaves. Brookside agreed and MRI promised to pay an additional $0.50 per pound for the removal. MRI promised to note this change on its copy of the original contract due to the contract clause forbidding oral modifications. This notation was never provided to Brookside. Following this change, 12 purchase orders were filled and invoiced at the new price. There were two additional price modifications. MRI issued 15 purchase orders under the first modification and 67 purchase orders under the second. Each of these were filled and paid for. MRI then issued 21 purchase orders, which were filled and invoiced by Brookside. MRI accepted these orders and issued a check for them, but its bank refused to honor the check due to insufficient funds. These final orders equalled 3,041 pounds of basil. Brookside filed suit and sought payment for the final 21 purchase orders. Brookside filed a motion for partial summary judgment, claiming that it is entitled to payment for the 3,041 pounds of basil delivered, but not paid for. MRI filed a motion for summary judgment, claiming breach of contract by Brookside and seeking damages for any amount paid to Brookside over and above the prices originally agreed to in the contract.
Rule of Law
Holding and Reasoning (Kent, 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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.
Here's why 177,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.