Reference no: EM131898490

The Almost All Organic Produce Company entered into a written contract with Charles Benkley for the purchase of 600 tons of potatoes to be grown on Benkley's farm in Nebraska at a stipulated price per ton. Although the land would ordinarily produce 2,000 tons and the planting and cultivation were properly done, Benkley was able to deliver only 200 tons because an unprecedented drought caused wide spread crop failure. Almost All Organic accepted the 200 tons but paid only 82 percent of the stipulated price per ton. Benkley sued the produce company to recover an unpaid balance of the agreed price for 200 tons of potatoes. The produce company counterclaimed against Benkley for his failure to deliver the additional 400 tons. Who will prevail? Why?