Results 1 to 5 of 5
  1. #1
    Join Date
    Jun 2009
    Posts
    2

    Default Statutes of Limitation/Void Contract

    My question involves an injury that occurred in the state of: nebraska

    I am a farmer and I purchased seed corn which I understood was non treated to be in compliance with my organic status. Neb Statue 81-2.147.02 states that each container which agriculture seeds are sold in must have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language given the following information a word or statement indicating that the seed that has been treated if it was. On the seed corn bags and labels there WAS NOT any notice that the seed was treated but I found out after planting the seed corn that it was indeed treated with a fungicide. The seed corn company was in violation of the Nebraska seed laws and I was harmed because my land lost its organic status. On the seed corn bag was a express statue of limitation of one year the Nebraska statues of limitations is four years. I contend or hope since the seed corn company did not comply with Nebraska seed law and allow me to know that the seed was non useful for organic seeding that the contract was nonbinding especially in regard to the expressed limitations of the one year statute of limitation printed on each bag of seed corn.
    Is this type of contract a nonbinding contract allowing me to have the usual four years of statutes of limitations or not?
    Is this contract void when the company was in non compliance with the state seed law and would that allow me to have the four years that one normally has?
    Thank you
    Paul Rosberg

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Statutes of Limitation/Void Contract

    A contract does not set the statute of limitations. They will make a claim that the contract is binding, but as the label was not truthful then the alleged contract is void upon its face.

    But going up against a seed company will not be easy. You will need a good attorney well versed in ag law and contracts. You will also have to be able to prove your damages.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: Statutes of Limitation/Void Contract

    Quote Quoting rsbfarms
    View Post
    On the seed corn bags and labels there WAS NOT any notice that the seed was treated but I found out after planting the seed corn that it was indeed treated with a fungicide.
    You discovered that when and how?
    Quote Quoting rsbfarms
    On the seed corn bag was a express statue of limitation of one year the Nebraska statues of limitations is four years.
    What was the exact language of the notice written on the bags? Was there similar language in your written contracts with the company that supplied the seed?
    Quote Quoting rsbfarms
    I contend or hope since the seed corn company did not comply with Nebraska seed law and allow me to know that the seed was non useful for organic seeding that the contract was nonbinding especially in regard to the expressed limitations of the one year statute of limitation printed on each bag of seed corn.
    And Nebraska law permits the state to investigate violations of the seed law and take appropriate action against those found to be in violation. I don't see an indication in the statute itself that it creates a private cause of action.
    Quote Quoting rsbfarms
    Is this type of contract a nonbinding contract allowing me to have the usual four years of statutes of limitations or not?
    I am skeptical that a label on the bag of seed would effectively shorten the statute of limitations; but I have not seen the language, have no information about how conspicuous the notice was, and don't know the content of your other contracts.

    Even if the notice shortens the amount of time you have to bring an action for breach of contract, depending upon the terms of the notice, you may still have other causes of action (e.g., fraud, if your supplier intentionally misrepresented the condition of the seed). But as you can see, we would need a lot more information to evaluate your situation. I suggest consulting a lawyer.

    I expect that the following statute governs modification of the statute of limitations:
    Quote Quoting Nebraska Uniform Commercial Code, Sec. 2-725- Statute of limitations in contracts for sale.
    (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

    (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

    (3) Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.

    (4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which accrued before the Uniform Commercial Code became effective.

  4. #4
    Join Date
    Jun 2009
    Posts
    2

    Default Re: Statutes of Limitation/Void Contract

    To make this clearer at the time I planted the corn I could see that the seed was colored. I called the person I bought the seed from and he said that there was nothing to worry about because it would have been organic approved and probably was only a cornstarch like substance so the seed could be graded for seed size. About a month after planting I found out the seed was treated. Nebraska law says that notice of seed treated with chemicals must be posted in a conspicuous place. On a tag sewn tightly to the bag had which had writing half way down and the bottom of the tag was blank, when burning the empty bag about one month after planting the wind blew the tag up a little and that was when I saw more writing on the back side. Covered away where no one would see it was the discloser that the seed was treated with fungicide.
    I said there wasn’t a notice on the seed bags to simplify the question.
    I did consult a lawyer early but he did NOT file the law suit until nearly 4 years after knowing the loss. My actual loss was lost on the yield for 3 years times the prices difference between conventional prices and organic. I was informed that filing the lawsuit before the actual loss would result in the lawsuit being dismissed.
    The seed corn company filed a motion for summary judgment and request that I be forced to pay their attorney fees. I would never have hired an attorney to do this lawsuit for me if I thought I would have to pay the attorney fees for the defendant.
    The Statues of Limitations state: “Any action against Pioneer and its sales representatives, or its distributors or dealers for the breach of this agreement, including any warranties arising from it, must be commenced within one year after the cause of action accrues or be barred after such time.”
    My attorney filed a complaint alleging breach of warranty, breach of negligent, misrepresentation and breach of contract. Perhaps he should have alleged fraud also and that would have voided the contract, which includes the modified statues of limitations. What do you think? Does fraud void a contract?
    Another thing perhaps one could use. This was not a binding contract because one of the essential elements of a binding contract is that there has to be “Mutual Assent or Meeting of the Minds.” There is meeting of the minds if both sides have made a material mistake as to the terms or details of the contract. The seed corn salesman thought he was selling me seed that meet the criteria to be used to raise organic corn and I thought that was what I received. I found out that I had made a material mistake because the seed was not what it was suppose to be and the seed company and sales person found out also. Would that be a good reason our contract was not a binding contract? I never got what I thought, I was buying and they never delivered what they thought they were. The fact that the seed wasn’t fit to use for organic production was negligent misrepresentation entitles that the contract be voided. Is that good logic or not?
    Thank You so much

    Paul A. Rosberg

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: Statutes of Limitation/Void Contract

    How many companies are involved here? I was under the impression that you bought the seed corn from a distributor, not from the manufacturer. If you're suing the manufacturer, but an independent company sold you the seed corn and was responsible for the representation that it was organic, I'm yet not seeing how the manufacturer would be responsible for that.
    Quote Quoting rsbfarms
    View Post
    On a tag sewn tightly to the bag had which had writing half way down and the bottom of the tag was blank, when burning the empty bag about one month after planting the wind blew the tag up a little and that was when I saw more writing on the back side. Covered away where no one would see it was the discloser that the seed was treated with fungicide.
    Were you brand new to farming?

    The statute says the tag must be in a conspicuous place, not that all information must be on the front of the tag. (Also, as previously mentioned, I don't see that the statute at issue creates a private cause of action; but you can ask your lawyer about that.) You could see something was 'not right' about the seed corn, and you could have looked for the tag at that time. Maybe there are court opinions or other authority that clarify the statute in a way favorable to the claims your lawyer has presented; I don't have that depth of a research library for Nebraska law.

    The person who sold you the seed corn should have known what he was selling you.
    Quote Quoting rsbfarms
    I did consult a lawyer early but he did NOT file the law suit until nearly 4 years after knowing the loss. My actual loss was lost on the yield for 3 years times the prices difference between conventional prices and organic. I was informed that filing the lawsuit before the actual loss would result in the lawsuit being dismissed.
    That makes no sense. How is it that you suffered no loss the first year?
    [QUOTE=rsbfarms]I would never have hired an attorney to do this lawsuit for me if I thought I would have to pay the attorney fees for the defendant./quote]
    Should attorney fees be awarded, I'm wondering at this point if this is a mess-up your lawyer should be covering.
    Quote Quoting rsbfarms
    Perhaps he should have alleged fraud also and that would have voided the contract, which includes the modified statues of limitations. What do you think? Does fraud void a contract?
    Fraud claims are for damages, not for "voiding" a contract. Voiding the contract would be rescission - with the goal being to return you and the seed company to the position you were in before the transaction. That's not really possible at this point - they could refund the money you spent, but the seed corn is long gone and can't be returned. You're correct that mutual mistake can support an action for rescission, but again, how would you return the corn and do you believe a refund of the purchase price would adequately compensate you?

    1. Sponsored Links
       

Similar Threads

  1. Sex Offenses: Molestation As a Child and Statutes of Limitation
    By lifewriter in forum Criminal Charges
    Replies: 3
    Last Post: 10-28-2008, 02:25 PM
  2. Statutes Of Limitation
    By stedmans in forum Independent Contractors
    Replies: 1
    Last Post: 03-12-2008, 03:53 PM
  3. Arrest Warrants: Statutes Of Limitation and Felony Warrants
    By craneman in forum Criminal Procedure
    Replies: 1
    Last Post: 04-30-2007, 01:24 PM
  4. Initiation of Charges: Statutes of limitation
    By sheba in forum Criminal Procedure
    Replies: 1
    Last Post: 09-08-2005, 12:54 AM
  5. Retail Fraud / Shoplifting: Statutes of Limitation
    By mordido in forum Criminal Charges
    Replies: 3
    Last Post: 04-11-2005, 08:43 AM
 
 
Sponsored Links

Legal Help, Information and Resources