Phillip Eugene Wendling, Appellee, V. Ted Puls and George Watson, Defendants-Appellants
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Date Submitted: 11/27/2014 05:48 PM
Case Study 2
Phillip Eugene Wendling, Appellee, v. Ted Puls and George Watson, Defendants-Appellants
No. 50,522
UNITED STATES SUPREME COURT OF KANSAS
227 Kan. 780; 610 P. 2d 580; 1980 Kan. LEXIS 280; 28 U.C.C.
Procedural History
Phillip Wendling, the Plaintiff was awarded damages for the breach of an oral contract during the purchase of cattle to the Defendants, Puls and Watson which was granted by the Harvey District Court; However, the Defendants later appealed this decision. The Defendants argued that the contract was unenforceable by law and the damages were also miscalculated.
Facts
In July 1973, Mr. Wendling, a farmer and stockman, met with Ted Puls, who was a cattle buyer. During their discussion Mr. Wendling informed Ted, that there was a possibility that he would have cattle for sale around mid-August. On August 13th, Mr. Wendling phoned Ted and let him know that he had cattle ready to be sold. Ted and his financial advisor Watson along with Mr. Wendling agreed to meet to discuss the terms and condition of the sale. On August 16, both the plaintiff inspected the cattle and further negotiated a price of 61 cents per pound for 98 head and 59 cents per pound for the other 5 head, the cattle was weighed officially. Ted seemed satisfied with the price and proceeded to write a check to Mr. Wendling for a deposit of $1,000.00 for 103 cattle. Ted, requested an extension for pick up by an additional week, this request was made on the same day the cattle was scheduled to be originally picked up. Mr. Wendling made numerous attempts after the extension deadline to get a contact with Ted but there was no reply to phone calls or messages. However, on August 27 Mr. Wendling was finally able to reach Ted, where he learned that Teds didn’t have a place to store the cattle. Mr. Wendling realized that this contract were faced with many issues requested an additional down payment but Ted refused to pay. Ted suggested to Mr. Wendling that maybe he should...
