Summary
In summary, we found that the Retailer’s rejection of these grapes was wrongful and its claims against the parties were unsupported. Therefore, we denied both the Shipper’s claim against the Truck Broker, and the Truck Broker’s counterclaim against the Shipper.
We believe the full amount of the Shipper’s claim, which is the FOB selling price of the grapes, would be properly pursued with the Retailer. Similarly, we believe the full amount of the Truck Broker’s claim, including its assessorial charges (e.g., layover), would be properly pursued with the Retailer.
