Martini E Ricci Lamino S.P.A.-Consortile Societa Agricola v. Trinity Fruit Sales Co.

ORDER ON MOTIONS FOR SUMMARY JUDGMENT

This case stems from the provision of kiwi fruit from Plaintiff Martini E Ricci Iamno S.P.A. (“M & R”) to Trinity Fruit Sales Company, Inc. (“Trinity”). The active complaint is the First Amended Complaint (“FAC”). M & R alleges five causes of action against Trinity in the FAC: (1) breach of contract under the United Nations Convention for the International Sale of Goods (“CISG”); 1 (2) breach of written contract; (3) price of goods; (4) account stated; and (5) open book account. M & R now moves for summary judgment, and Trinity through its opposition counter moves for summary judgment. For the reasons that follow, M & R’s motion will be denied and Trinity’s counter motion will be granted in part and denied in part. Additionally, the Court will give the parties the opportunity to file a request for a second summary judgment motion.

FACTUAL BACKGROUND

M & R. is an Italian company that grows kiwi fruit on its property in Italy. See PUMF 1 2 Andrea Martini (“Martini”) is the Vice President of M & R. PUMF 2. Gary Raden (“Raden”) and Stefano De Nadai (“De Nadai”) worked together and were something between an agent and broker for M & R. See Raden…