CNJ Distributing Corp. v. D & F Farms, Inc., No. DA 13-0068, 2013 Mont. LEXIS 387 (Mont. Sup. Ct. Sept. 17, 2013)

(ranch owner filed a breach of contract action against custom seeder, alleging that the custom seeder’s poor performance was the cause of failed barley crop; custom seeder filed a third-party action against seed supplier, arguing failure to instruct; the third-party complaint was settled, and the trial court found that the custom seeder did not breach its contract with the ranch owner; in affirming, the Montana Supreme Court found the trial court did not err by ruling that the custom seeder did not breach the contract by failing to object to the rocky field conditions; field preparation was the responsibility of the ranch owner and the seed supplier; the trial court also did not err in finding that having seed on the ground and inconsistent placement were foreseeable consequences of the field conditions and not indicative of a legally-deficient performance; trial court had not accepted an impossibility defense; custom seeder performed, and its performance was acceptable within the contract terms under the circumstances).