McCalif Grower Supplies, Inc. v Reed, 272 Mont. 254 (1995)
Case: A Californian firm, McCalif Grower Suppliers, Inc., brought a petition before the Supreme Court of the state of Montana on the May 11, 1995 as plaintiff and respondent. The defendant/ appellant was Will Reed also Bill Reed, the proprietor of Reed’s Greenhouse.
Facts: The plaintiff sought to have the decision by an earlier court overturned. Both parties had conducted business together for more than a decade. However, on June 2 1992, Reed Greenhouse placed an order with McCaliff Grower Supplies for delivery of Christmas poinsettias. The plaintiff immediately ordered for the poinsettia plants from Chipsea Greenhouses located in Lafayette, Colorado for direct shipment to the defendant’s pick-up point. On 11 August 1992, Reed’s employee drove to the airport to collect the package and accepted them without checking the state of the contents in the boxes. When the goods reached Reed’s Greenhouse, his wife opened the packages to find that a large number of poinsettia plants packed improperly led to their ruin. The affected plants were in no condition for delivery as requested to Reed Greenhouse’s customers. Reed’s wife informed the plaintiff of the damage within 24 hours upon which McCalif urged Reed to claim recompenses with Delta Airlines, the carrier. Reed was awarded 924.66 dollars as compensation. However, this failed to accord Reed fair compensation since he still could not meet his obligation to his customers who included the Ernst and K-Mart Stores. So much time had elapsed that it was then impossible to ensure replacement plants were shipped to Reed before the Christmas season commenced. As a result, the defendant lost contracts with some of his customers for failure to honor their contracts. Reed also declined to pay