In ruling in favour of Fischer, the Court found that:
(i) there was no basis for the defendant’s unilaterally reducing the price of the seed to $1.25 per pound, let alone $1.30 or $1.40 as indicated in the written agreement;
(ii) there was no discussion at the inception of the transaction of analysis by anyone other than the defendant’s employee;Read the decision at: Fischer v. Dyck Forage and Grasses Ltd.
(iii) there was no discussion of the seed having to satisfy a purchaser; and
(iv) there was no discussion that the plaintiff would have to wait for payment until all the seed was sold or that he would have to sell the 2004 crop as part of the transaction.