Logourl black

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

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.


The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Shores, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 94,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 12,592 briefs - keyed to 169 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now