Documente Academic
Documente Profesional
Documente Cultură
No. 07-1993
Appeal from the United States District Court for the Eastern
District of North Carolina, at New
Bern.
Louise W. Flanagan,
Chief District Judge. (5:05-cv-00809-FL)
Submitted:
Decided:
PER CURIAM:
H. Ghesquiere Farms, Inc. (Ghesquiere Farms) appeals
the district courts judgment finding it liable to Pacific Ag
Group (Pacific Ag) for $190,600 in damages (plus interest)
stemming from a contract dispute between the parties.
For the
North Carolina state court, and the action was removed to the
district
court.
See
Strawberry
Hill,
Inc.
v.
Alliance
Farm
Ags
principal,
Farms
principal,
to
met
with
discuss
Carl
Ghesquiere,
settling
the
Ghesquiere
litigation.
At the end of
drafted
and
executed
settlement
agreement
that
agreement
provided
that
Ghesquiere
Farms
would
before
Ghesquiere
July
Farms
26,
to
2004.
sell
The
agreement
additional,
high
also
quality
required
strawberry
2006.
The
litigation
agreement
following
Farms[.]
provided
successful
for
dismissal
performance
by
of
the
Ghesquiere
provision
that
strawberry
[i]f
runner
tips
Ghesquiere
for
Plant
[Pacific
Farms
Ag],
the
ceases
full
growing
amount
of
2005
and
facilitating
the
dismissal
of
the
previous
litigation.
In late 2004, Sances and Ghesquiere began negotiations
for the purchase of strawberry runner tips for 2005.
Sances
make
two
identical
written
offers
to
purchase
runner
tips
for
the
purchase
of
runner
tips
in
2005,
Sances
memorandum,
Sances
informed
Ghesquiere
In a June
that
the
full
Ghesquiere
Farms
in
district
court.
The
complaint
ruled
in
favor
of
Ag
and
awarded
$190,600
in
on
the
conclusions
that
the
term
ceases
in
the
settlement
agreement was ambiguous and that when the parties were unable to
reach an agreement for the purchase of runner tips in 2005,
Ghesquiere Farms ceased growing strawberry plants for Pacific
Ag.
When
discount,
Ghesquiere
agreement.
the
Farms
district
did
court
not
pay
ruled
the
that
amount
it
of
the
breached
the
law at the bench trial de novo and its factual findings for
clear error.
433
ceases
is
Ghesquiere
unambiguous
and
Farms
should
argues
not
be
that
read
the
to
term
impose
Pacific
parties
agree
that
North
Carolinas
law
of
Atlantic & E. Carolina Ry. Co. v. Wheatley Oil Co., 594 S.E.2d
425,
429
contract
provisions
either
is
the
uncertain
interpretations.
meaning
or
An
ambiguity
of
words
capable
of
or
exists
the
several
in
effect
a
of
reasonable
of
the
was
to
facilitate
the
continuing
Ceases in
There
Pacific
Ag
an
election
to
seek
either
to
trade
with
If that were
the
cash
contemplated
option.
Rather,
continuing
business
the
agreement
relationship
clearly
between
we
conclude
that
the
agreement
was
not
therefore
reverse
the
judgment
of
the
district
are
adequately
7
presented
in
the
materials
before
the
court
and
argument
would
not
aid
the
decisional
process.
REVERSED