Judge's seed ruling allows consequential claims

In a decision filed July 28 in Superior court, Judge David Frazier ruled The Scotts Company acted in bad faith and came up with “meritless excuses” when it refused to make payments for Kentucky Bluegrass Seed which was harvested by farmers under contract and delivered to Seeds Inc. at Tekoa and Dye Seed Co. at Pomeroy.

The finding was part of a ruling which denied a motion by Scott’s attorneys to limit any claims for damages in the suit filed by the growers. Scotts had asked the court for a ruling to limit any claims for damages to those allowed under the Uniform Commercial Code.

Attorneys for...