Joe Taylor v. Max Herbold

This is an action by plaintiff in two counts, one for breach of a contract to purchase potatoes and, secondly, for tortious
damages arising from said breach of contract. Following trial to a jury, a verdict was returned for the plaintiff on each
count. Thereafter, the trial court granted defendants' motion for a judgment notwithstanding the verdict on the second count.
Defendants have appealed and plaintiff has cross-appealed. We affirm the action of the trial court. Plaintiff-respondent and cross-appellant (hereinafter plaintiff) was at the time of the transactions herein a potato farmer
in the Paul, Idaho area. Defendants-appellants and cross-respondents (hereinafter defendants) were in the produce business.
For approximately three years prior to 1966, plaintiff had sold potatoes to defendants with no problems arising between the
parties.