Persico Pizzamiglio, S.A. v. Dalgety, Inc. And Balfour Guthrie, Inc.

963 F.2d 379 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. PERSICO PIZZAMIGLIO, S.A., Plaintiff-Appellant, v. DALGETY, INC. and Balfour Guthrie, Inc., Defendants-Appellees. No. 91-16083. United States Court of Appeals, Ninth Circuit. Submitted May 1, 1992. * Decided May 14, 1992. Before SNEED, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 This matter is before this panel for a second time. In a memorandum disposition in Persico Pizzamiglio v. Balfour Guthrie, Nos. 89-16069 and 89-16253, filed March 18, 1991, we held that Balfour inappropriately resorted to a self-help remedy in offsetting $236,094 against the amount it owed Persico for a shipment of steel. The setoffs represented claimed deficiencies in previous orders of steel sold by Persico to Balfour. We held that no "prior course of dealing" between the parties justified the setoff under California Commercial Code §§ 2601 and 2607. We held Balfour should have paid the full amount for the steel…