LDT KELLER FARMS, LLC, and KELLER FARMS PARTNERSHIP, Plaintiffs, v. BRIGITTE HOLMES LIVESTOCK CO., INC., BRIGITTE HOLMES, SAMUEL STEPHEN HOLMES, and MERVIN MISHLER, Defendants., 722 F. Supp. 2d 1015

Summary

The dairy farm purchased a total of 197 calves from the livestock company, ostensibly for use in their dairy operation. The sales contracts were for "Holstein heifers." After purchase, the farm discovered that nearly all of the calves were freemartins--a sterile heifer that was useless as a dairy cow. The use of the phrase "Holstein heifers" in the contract, as opposed to "beef heifers" or "veal calves," strongly implied that the calves were being sold for their ability to produce milk. However, a heifer, in and of itself, was simply a female calf that had not yet reproduced and may never do so. The contract was therefore ambiguous as to the precise nature of the calves that were being sold. Therefore, summary judgment on the breach of contract claim was inappropriate. As the employees were only acting as agents for their disclosed principal, the livestock company, they could not be personally liable for the company's alleged breach of contract. As the dairy farm failed to give notice ...