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Hubbard v. Utz Quality Foods, Inc.

United States District Court for the Western District of New York
903 F.Supp. 444 (1995)

Written by Sara Rhee, JD

Facts

On April 20, 1992, Daniel Hubbard (plaintiff), a potato farmer, and UTZ Quality Foods, Inc. (UTZ) (defendant), a potato chip manufacturer, entered an installment contract under which Hubbard agreed to supply potatoes to UTZ. The most detailed aspect of the contract governed UTZ’s quality standards. Among a number of quality standards, UTZ required that Hubbard’s potatoes meet the #1 or #2 color designation as set out by the 1978 Snack Food Association’s Fry Color Chart. Hubbard sent UTZ a sample of his potatoes. UTZ rejected Hubbard’s submitted potatoes due to their failure to meet the #1 or #2 color designation. Hubbard thereafter brought suit for the full contract price of $68,750.00.

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Holding and Reasoning (Larimer, J.)

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