On Nov. 25, 2009, a jury found that a cactus seller breached its contract with another cactus company by failing to provide it with all the plants it paid for. Sunderland’s Cactus Gardens, of Alamo, sued Lyn Rathburn, operating as Cactus King, alleging that the Houston-based company failed to take a delivery of cacti that it had purchased. Sunderland’s claimed it was stuck with the cost of storing the plants for two years as a result. Rathburn filed a counterclaim, alleging he paid $46,000 to Sunderland’s but was only allowed to pick up $10,000 worth of plants. He said Sunderland’s refused to allow him to take the delivery after he paid in full. The jury determined that only Sunderland’s was in breach of contract and awarded $41,000 to Rathburn.
Sunderland’s Cactus Gardens Inc. v. Rathburn, No. CL-08-0303-F
