Quigley V. Pet

In this case, the plaintiffs have recovered substantial contract and tort damages arising from defendant's bad faith activity in protesting contract terms. The case was tried and an appeal filed before the Supreme Court decided Seaman's Direct Buying Service, Inc. v. Standard Oil Co. (1984) 36 Cal. 3d 752 [206 Cal. Rptr. 354, 686 P.2d 1158]. We must deal with a jury instruction which subjected the defendant to tort liability and damages for the failure to "deal fairly and in good faith."