Nutrisoya Foods Inc. v. Sunrich, LLC

Appellee sued appellant for breach of contract stemming from an agreement between the parties under which appellant would produce, package, and deliver a rice milk product to appellee. At issue was whether the district court erred in denying appellant's motion for new trial because the court failed to give jury instructions regarding the proper standard of breach of an installment contract and the law pertaining to delegation of a contract. Also at issue was whether the district court erred in denying appellant's motion for judgment as a matter of law because appellee failed to prove a breach of the entire installment contract. The court held that the jury instructions, taken together, fairly and adequately submitted the breach of contract issue to the jury and that the district court properly declined to instruct the jury on the issue of delegation because the issue was irrelevant to the case presented to the jury. The court also held that appellant failed to preserve the issue of whether there was insufficient evidence to prove a breach of the entire installment contract and therefore, the court had no power to review this issue. Accordingly, the judgment of the district court was affirmed.