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Hubbard v. Utz Quality Foods, Inc.

903 F.Supp. 444 (1995)

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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)

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.

Rule of Law

Issue

Holding and Reasoning (Larimer, J.)

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