Nutrien Claims Breach of Contract and Unjust Enrichment After Farmers Default on Credit Agreement

On Monday Nutrien Ag Solutions, Inc. filed two complaints in the Middle District of Georgia alleging that two farmers, Edwin Atkinson III and John Keith Griffin, breached contracts with the company by not making owed payments. 

Nutrien, which was formerly known as Crop Production Services, Inc., sells agricultural goods and merchandise, providing services and financing to farmers. The defendants each farm crops and reportedly entered a credit application with the company, agreeing to terms and conditions if the plaintiff provided fertilizer, chemicals, seeds, and other related products, so they could plant their fields. 

According to the complaint, Atkinson entered a contract with the plaintiff in March of 2013. As of the end of September this year, he owed $244,343.12 to the plaintiff, of which about $200,000 was the principal. Griffin reportedly entered a contract with the plaintiff in August of 2019. He borrowed almost $90,000 in goods from the plaintiff and currently owes $106,888.09. 

Nutrien filed counts of breach of contract for not paying the principal amount or the accrued interest because the agreements went into default. The company said that because of the breach of contract, the accounts have gone into default and the entire balance is due immediately. Both of the complaints stated that the defendant agreed to pay all costs and attorney’s fees if they defaulted on the loans, as well as finance charges which have accrued. 

The complaint also included counts of open accounts and goods sold, because the defendants allegedly did not follow the terms of their open account or pay for goods sold to them. The plaintiffs also filed a count of unjust enrichment, claiming that the defendants were benefited by their agreement with Nutrien, and were able to sell more groups and products, but retained the benefits from the sale at Nutrien’s expense.  

Nutrien, represented by Castellow & Strickland, LLP, asked the court to require the defendants to pay the entire amount owed and interest, along with any costs and fees associated with the legal action.