Wendling V. Puls & Watson Case Brief

Issue:

This is a civil action to recover damages for breach of an oral contract for the purchase and sale of cattle.

Facts:

Phillip Eugene Wendling, a Harvey County farmer and stockman, met Ted Puls, an active cattle buyer, in July, 1973, at the Central Livestock Sale in Hutchinson. Wendling indicated to Puls he might have some cattle for sale around the middle of August, 1973. Puls asked Wendling to call him when he decided to sell. On August 13, 1973, Wendling called Puls and informed him he had 103 head of cattle for sale. Puls associated himself with George Watson, a veterinarian, for financial assistance and on August 14, 1973, the two drove to Wendling's farm and inspected the cattle. As a result of negotiation, the parties agreed on a price of 61 cents per pound for 98 head and 59 cents per pound on the remaining 5 head. The cattle were to be officially weighed August 16, 1973, on Puls' trucks with 3% off for shrinkage. At the time of the agreement, Watson gave Wendling his check for $ 1000 as a down payment on the cattle with the notation thereon "103 cattle." Wendling deposited the check on August 20, 1973. On August 16, 1973, Puls went to Wendling's farm and requested an additional week to take delivery. Wendling granted the additional week, providing the same terms and conditions applied. Puls assured him they did. Wendling rounded up the cattle and penned them on August 23, 1973, in preparation for delivery pursuant to the agreement but both the defendants neither appeared, sent trucks, nor called either. Wendling attempted to telephone Puls, but was advised Puls was putting up hay. He then called Watson who said he didn't know why delivery hadn't been taken but he would check with Puls. Finally on August 27, 1973, Wendling reached Puls by telephone and demanded an explanation. Puls stated he was still working on his problem of finding a place to put the cattle. Wendling requested additional down payment and Puls refused and suggested that maybe...