Mt. Whitney Farms v. Sandstone Marketing
This case involves an appeal and a protective cross-appeal. The appeal is from a judgment entered on a jury verdict awarding $230,685 to Sandstone Marketing, Inc., and awarding nothing to Mt. Whitney Farms, LLC, and Felger Farms. (In accordance with the parties’ practice in their briefs, we will refer to Mt. Whitney Farms, LLC, and Felger Farms, collectively, as “the growers†and to Sandstone Marketing, Inc., as “Sandstone.â€) The growers contend the jury’s verdict was contrary to the law, precluded by the growers’ contract with Sandstone, and unsupported by sufficient evidence. In a protective cross-appeal, Sandstone contends an erroneous jury instruction on its breach of contract cause of action requires a new trial on that cause of action in the event that the verdict on another cause of action is reversed in accordance with the growers’ theory on appeal. We conclude there is no merit to the growers’ contentions on appeal and affirm the judgment. As a result, we do not reach the issue raised by Sandstone.
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