The Plaintiff was a commission fish buyer who purchased fish from lobster fishers on behalf of the Defendant, fish processor. It was standard practice in the lobster industry to pay a base price for lobsters which was later adjusted depending upon the price paid by the major processors. In two different years, there was a post season rebate paid by the major processors. In one of the two years, the Defendant paid a rebate to some of its customers, but not the Plaintiff. The Plaintiff sued the Defendant to recover the unpaid rebate.
The Court held that the requirement to pay a rebate was part of the contract between the commission buyer and the fish processor and gave judgment against the fish processor.
Counsel for the Plaintiff: Stephen J. McNally
Counsel for the Defendant: Yvon G. LeBlanc