On April 20, 1992, Daniel Hubbard (plaintiff), a potato farmer, and UTZ Quality Foods, Inc. (UTZ) (defendant),

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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. Can Hubbard reject the goods based solely on a sample?

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Dynamic Business Law

ISBN: 9781260733976

6th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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