Facts

In 2004, the parties entered into a written contract for defendants to deliver a quantity of almonds to plaintiff for a fixed price per pound. The majority of the almonds contracted for in 2004 were delivered and plaintiff paid defendant for the almonds per the contract.

In February 2005, the parties entered into another written contract for defendants to deliver 150,000 pounds of almonds for a fixed price.

In July 2005, the market price of almonds had risen dramatically to over $1 per pound more than the contract price. Defendants refused to deliver any almonds to plaintiff.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that it had a contract obligating defendant to deliver almonds, that the "oral agreement" claimed by defendants was barred by the parole evidence rule, and that plaintiff was entitled to damages pursuant to Commercial Code sec. 2713.

DEFENDANT'S CONTENTIONS:
Defendants claimed that they had an oral agreement with plaintiff's agent (who died in May 2005), that if they sold a particular ranch, they would not have to deliver almonds pursuant to the written contract.

Settlement Discussions

Plaintiff made a C.C.P. section 998 demand of $113,000. Defendants offered $30,000 on the first day of trial.

Result

Verdict for $150,000.

Other Information

FILING DATE: March 5, 2006.

Deliberation

2.5 hours

Poll

12-0

Length

nine days