From our private database of 13,300+ case briefs...
Neumiller Farms, Inc. v. Cornett
Supreme Court of Alabama
368 So.2d 272 (1979)
Cornett (plaintiff) is a grower of potatoes. Neumiller Farms, Inc. (Neumiller) (defendant) is a merchant buyer of potatoes. Neumiller buys potatoes from growers and sells them to manufacturers of potato chips. Neumiller entered into a contract to purchase twelve loads of potatoes from Cornett at $4.25 per hundredweight. Neumiller accepted three loads from Cornett without issue. After Cornett delivered these three loads, however, the market price of potatoes fell to $2.00 per hundredweight. Neumiller rejected any future deliveries of potatoes from Cornett, stating that the potatoes were of inferior quality. Cornett hired an expert to test the potatoes. The expert stated that the potatoes were of good quality. Cornett also submitted for delivery a load of potatoes purchased from a third party grower. Neumiller recently purchased a load of potatoes from the third party grower at $2.00 per hundredweight, but refused to accept the load from this grower tendered by Cornett on the ground that the potatoes were inferior. Cornett offered to purchase potatoes from other growers to fulfill its contract with Neumiller, but Neumiller refused. Cornett attempted to sell its potatoes elsewhere, but was only able to sell four loads due to poor market conditions. Cornett brought suit in Alabama state court against Neumiller for breach of contract. The trial court awarded Cornett $17,500 in damages, and Neumiller appealed.
Rule of Law
Holding and Reasoning (Shores, 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 139,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,300 briefs, keyed to 182 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.