Coast Trading Company, a Corporation v. Cudahy Company, a Corporation, Defendant-Cross-Appellant

This appeal involves an action by the plaintiff grain merchant against the defendant buyer for the anticipatory repudiation of a number of contracts for the purchase of barley.

Plaintiff, a Washington corporation, is a grain merchant with headquarters in Portland, Oregon. Its customers include other grain merchandisers, grain exporters, feed mills and processors and cattle feedlots. Defendant, a Delaware corporation, has its principal office in Phoenix, Arizona, and operated a feedlot.for cattle in Sunnyside, Washington. Prom September 1973 through May 1974, the general manager of the feedlot was a Mr. Robin Van Woerden, having responsibility for day to day operations, including the purchase of supplies and feed. His compensation consisted of a salary and a bonus related to profits. Plaintiff had supplied feed grains to the feedlot since about 1954, and plaintiff was aware that the feedlot was owned by the defendant.

The trial court found that from 28 February to 2 April 1974, one of plaintiff’s merchandisers and Van Woerden had executed 14 contracts for the sale of barley, totaling more than 10,000 tons. Van Woerden had been buying grain from other grain merchants in the same…