Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

ARKANSAS VALLEY FEED MILLS v. FOX DE LUXE FOODS

July 14, 1958

ARKANSAS VALLEY FEED MILLS, INC., PLAINTIFF,
v.
FOX DE LUXE FOODS, INC., DEFENDANT.



The opinion of the court was delivered by: John E. Miller, District Judge.

The court has before it for consideration defendant's motion for summary judgment. First to be determined is the question of whether there is a genuine issue as to any material fact, and if there is no genuine issue of fact, whether defendant is entitled to a judgment in its favor as a matter of law. Rule 56, Fed. Rules Civ.Proc., 28 U.S.C.A. To make this determination the court must give consideration to the entire record in the case as it now stands.

In its complaint, plaintiff, among other things, alleges:

"II

    "That on the 14th day of December, 1953, Plaintiff
  and Defendant entered into a contract whereby the
  Defendant agreed to purchase from the Plaintiff fifty
  thousand (50,000) chickens each week, commencing on
  the 4th day of January, 1954, and continuing for a
  period of fifty two (52) consecutive weeks
  thereafter. A copy of said contract is attached
  hereto and made a part hereof as though set out in
  full.

"III

    "That between the 4th day of January, 1954, and the
  24th day of July, 1954, the Defendant defaulted in
  the amount of Seventy Two Thousand Three Hundred
  Forty Nine and 41/100 Dollars ($72,349.41) in making
  remittance to the Plaintiff pursuant to the terms and
  conditions embodied in said contract attached hereto.

"IV

    "That from the 24th day of July, 1954, until the
  3rd day of January, 1955, the Defendant defaulted
  entirely in carrying out the terms and conditions of
  said contract and the Plaintiff is entitled to invoke
  the forfeiture clause as set out in Paragraph IV of
  said contract, and pursuant to said paragraph, the
  Plaintiff is entitled to recover of and from the
  Defendant for said period the sum of One Hundred
  Thirty Thousand Seven Hundred Forty Three and 74/100
  Dollars ($130,743.74)."
  Plaintiff seeks judgment against the defendant in the sum of $203,093.15.

In its answer defendant admits entering into the contract of December 14, 1953, but alleges:

    "* * * that on or about the 2nd day of August,
  1954, by mutual agreement the parties hereto made and
  entered into an agreement cancelling the contract
  referred to in Paragraph 2 of plaintiff's complaint,
  and by said cancellation agreement released each
  other from all sums of money, accounts, actions and
  claims and demands that either party might have
  against the other, except an indebtedness owed at
  that time by the plaintiff to the defendant, by
  reason of adjustments of the paying prices specified
  in the agreement of December 14, 1953, which amount
  was to be ascertained and adjusted between the
  parties, but that the cancellation of said contract
  was to be in full force and effect from the date
  thereof, irrespective of said adjustment. That since
  the cancellation of said contract, said indebtedness
  has been paid by the plaintiff to the defendant. That
  a true and correct copy of said Cancellation
  Agreement is hereto attached, marked `Exhibit A', and
  made a part hereof as though set out herein word for
  word, the original being held by the defendant
  subject to the inspection of the parties and the
  orders of this Court."

The Cancellation Agreement of August 2, 1954, reads as follows:

"Cancellation Agreement

    "Whereas, under date of December 14, 1953, a
  written agreement was entered into between Fox De
  Luxe Foods, Inc. of Chicago, Illinois, and Arkansas
  Valley Feed Mills, Inc. of Dardanelle, Arkansas,
  wherein and whereby said Fox De Luxe Foods, Inc.
  agreed to buy from Arkansas Valley Feed Mills, Inc.
  and the latter agreed to sell 50,000 head of chickens
  each week commencing January 4, 1954, for a period of
  fifty-two consecutive weeks thereafter on the
  stipulations, covenants and agreements in said
  agreement contained; and
    "Whereas, the parties hereto have agreed to cancel
  said contract effective the day and date hereof.
    "Now, Therefore, the parties hereto agree to and do
  hereby so cancel said agreement dated December 14,
  1953, and in pursuance of this agreement of
  cancellation and of One Dollar in hand paid, one to
  the other, receipt whereof is hereby acknowledged,
  the said parties each do hereby release the other,
  their successors and assigns, from all sums of money,
  accounts, actions, claims and demands up to the date
  and execution of these presents, excepting an
  indebtedness now owed by said Arkansas Valley Feed
  Mills, Inc. to said Fox De Luxe Foods, Inc., by
  reason of adjustments of the paying prices specified
  in said agreement of December 14, 1953, in an amount
  to be ascertained ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.