Culinary Farms v. Mooney
Defendants Steve Mooney and Mary Mooney, doing business as Mooney Farms (Mooney), entered into a contract with plaintiff Culinary Farms (Culinary) to purchase 135,000 pounds of California sun-dried tomatoes. Culinary delivered the sun-dried tomatoes to Mooney, who never inspected or paid for them. After Culinary regained possession of the sun-dried tomatoes, Culinary filed suit against Mooney for breach of contract and conversion. Subsequently, Culinary was able to resell the 135,000 pounds of sun-dried tomatoes to other purchasers.
Culinary filed a motion for summary judgment, which the trial court granted. Mooney appeals, arguing the trial court erred in finding, as a matter of law, Culinary was a volume seller entitled to recover damages for the lost profit on the 135,000 pounds of sun dried tomatoes. Mooney also challenges the courts calculation of the per pound price. Finally, Mooney argues the value of the sun dried tomato bins underlying the conversion claim raises a triable issue of fact. We shall remand for a recalculation of Culinarys damages at $2.60 per pound. In all other respects, Court affirm the judgment.
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