An apple a day certainly won't keep the lawyers away. Produce broker Frisco Farm Corporation sold 25,000 pounds of apples to Blenheim Markets, with a contract clause stating that Blenheim could cancel the order within three business days. Blenheim tried to exercise that clause, but their email went astray. The apples were delivered, a thunderstorm destroyed most of the crop, and each of the parties believes the other is responsible for the loss.
This short trial file revolves around two basic questions: what a contract is, and what constitutes a business day. The facts of the case are straightforward, and a variety of exhibits provide ample opportunity for evidence practice. The trial can be run in a single day, making this an attractive case for shorter programs. With four witnesses and a choice to try for either liability or damages, Frisco v. Blenheim is adaptable to your classroom needs.
