Logourl black
From our private database of 14,200+ case briefs...

Chicago Prime Packers, Inc. v. Northam Food Trading Co.

United States Court of Appeals for the Seventh Circuit
408 F.3d 894 (2005)


Facts

Chicago Prime Packers, Inc. (Chicago Prime) (plaintiff), a Colorado company, contracted to sell 1,350 boxes of pork ribs to Northam Food Trading Company (Northam) (defendant), a Canadian corporation. Chicago Prime bought the ribs from meat processor Brookfield Farms (Brookfield). Brookfield’s logs indicated that the ribs were kept at a proper temperature. Northam engaged Brown Brother’s Trucking Company (Brown) to pick up the ribs from Brookfield’s storage facility. Thereafter, Brown delivered the ribs to Beacon Premium Meats (Beacon), Northam’s customer. When processing the shipment, Beacon noticed issues with the ribs’ condition. A United States Department of Agriculture supervisor, Dr. John Maltby, examined the product and concluded that the ribs were spoiled and had arrived to Beacon in that condition. Northam told Chicago Prime about the assessment and refused to pay. Chicago Prime brought suit against Northam for payment. Northam contended that its obligations under the contract were excused because the ribs were already spoiled when Brown picked up the ribs from Brookfield. The district court found that the burden of proving nonconformity at the time of transfer was on Northam, and that Northam had failed to meet this burden because the evidence failed to show that the ribs inspected by Dr. Maltby were actually part of Chicago Prime’s sale to Northam. The district court found in Chicago Prime’s favor. Northam appealed.

Rule of Law

Issue

Holding and Reasoning (Flaum, C.J.)

What to do next…

  1. 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.

  2. 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 251,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 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.