Blue Ribbon Poultry Co. v. Sanderson
Blue Ribbon Poultry Co. v. Sanderson
Opinion of the Court
The appellee, Jack M. Sanderson, sued Blue Ribbon Poultry Company, Inc., appellant, in the County Court of Forrest County, claiming damages for the alleged breach of a three-party agreement relating to a chicken raising project. The case was tried before the judge, without a jury, and a judgment was entered for' appellee in the amount of $2500 for “loss of anticipated profits.” This judgment was affirmed by the Circuit Court.
The “contract” provided that Blue Ribbon would place baby chickens with a third
Blue Ribbon and the grower discontinued the project after some twenty-two weeks and made a final settlement between themselves. No more feed was ordered to be stored or delivered by Sanderson.
Since Sanderson’s right to payment was on a “when, as and if” basis, and the contract contained no provision obligating Blue Ribbon to store with Sanderson, or to have delivered by him, any amount of feed or other supplies, there was no enforceable executory contract and no basis for an award to him of damages for loss of anticipated profits.
The case is reversed and judgment is entered here for appellant.
Reversed and judgment entered here for appellant.
Reference
- Full Case Name
- BLUE RIBBON POULTRY COMPANY, Inc. v. Jack M. SANDERSON
- Status
- Published