Business Law 5th Edition by David Twomey ,Marianne Jennings ,Stephanie Greene

Exercise 15

Bakker Brothers of Idaho agreed to buy Charles E. Graff 's 1989 onion seed crop. The contract required that the onion seeds have an 85 percent germination rate. Despite careful testing and advice from experts, Bakker Brothers could not get a germination rate on the seed tested higher than 62 to 69 percent. Bakker Brothers rejected the seed, notified Graff, and awaited instructions. Graff gave no instructions and the seed spoiled. Graff sought to recover the contract price from Bakker Brothers because the risk of loss had passed. The trial court granted summary judgment for Bakker Brothers, and Graff appealed. Was the trial court decision correct Explain why or why not. [Graff v Bakker Brothers of Idaho, Inc., 934 P2d 1228 (Wash App)]