KGM Harvesting Co. v. Fresh Network

Facts: KGM Harvesting Co. sold lettuce, under contract, in large quantities to Fresh Network. Fresh, in turn, sold the lettuce to other buyers. When the price of lettuce more than doubled, KGM made a profit by selling to other buyers and not selling to Fresh. Fresh covered by buying elsewhere, but at a loss of approx. $700,000.

Procedural History: Jury determined that KGM breached contract, and the buyer was entitled to $655,906.22 with interest accruing from 30 days before trial. Seller appealed.

Issue: Is Fresh entitled to the damages awarded?

Holding: Yes

Reasons: Buyer should be in same position as if contract had been performed on both sides.

Judgment: Affirmed and reversed (damage was increased to add interest starting at the time of the filing of the original complaint).