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Kansas City Wholesale Grocery Co. v. Weber Packing Corp., 93 Utah 414 (1937), was a case decided by the Supreme Court of Utah where the court modified a contract to avoid an unconscionable result.[1]
Kansas City Wholesale Grocery Co. v. Weber Packing Corp. | |
---|---|
Court | Utah Supreme Court |
Full case name | Kansas City Wholesale Grocery Co. v. Weber Packing Corporation |
Decided | November 17, 1937 |
Citations | 93 Utah 414; 73 P.2d 1272 |
Case history | |
Prior actions | Appeal from District Court, Second District, Weber County |
Court membership | |
Judges sitting | William H. Folland, Ephraim Hanson, James H. Wolfe, Martin M. Larson, David W. Moffat |
Case opinions | |
Decision by | Folland |
Dissent | Moffat |
On August 4, 1930, and in March, 1931 the Weber Packing Corporation delivered 303 cases of catsup to Kansas City Wholesale Grocery Co at North Ogden, Utah. In September 1931, an inspector from the Federal Food & Drug Administration examined 271, and from 18 cans determined that there was mold filament in 67 per cent, condemning it unfit for consumption. A libel case was prosecuted by the US government against Kansas City Wholesale Grocery in Kansas City leading to the 271 cases of catsup being destroyed by the United States marshal and a fine.
The plaintiff filed a lawsuit against the packing company to recover the amount paid by it for the destroyed catsup, together with interest. The court issued a judgment on a directed verdict for the defendant. Plaintiff challenged the judgement from the district court in Weber County for the defendant to recover the purchase price of catsup for breach of an implied warranty of fitness under the sales contract.
Defendant argues several points:
Plaintiff argues:
The court held that a provision limiting time for complaints could not be applied to defects in a shipment of ketchup that could only be discerned through microscopic analysis.[2] This case was cited in the Uniform Commercial Code as an example of the application of the principle of unconscionability.[3] The transaction was shipped in interstate commerce, therefore was subject to Food and Drug Act.
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