Carnation Co. v. Olivet Egg Ranch

—Olivet Egg Ranch (Olivet), a limited partnership, and Harold J. Kristal (Kristal), and various coventurers with Kristal (hereinafter collec lively referred to as appellants), appeal following jury trial on claims of fraud and breach of various warranties arising out of Olivet’s purchase and use of chickenfeed produced by the Albers Milling Division of the Carnation Company (Albers).

We must, at the outset, address the question of mootness. Several weeks after oral argument before this court, when this appeal had been submitted for decision, counsel for all parties joined in a self-styled “motion for order vacating submission; or alternatively, to defer further consideration of submitted appeal.” The motion was made upon the ground that the parties had entered into a tentative settlement agreement. Thereafter, the parties notified the court that all necessary approvals had been obtained and the settlement agreement had been executed.

In light of this disposition of the dispute between the parties, we have determined to treat the parties’ motion as one for dismissal of the appeal and hereby grant the motion as to six of the eight issues raised by appellants.

The two…