Case Study

Case Study #1

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. Rep. Serv. (Callaghan) 1362. May 10, 1980, Opinion Filed

Procedural History: Defendants appealed from the Harvey District Court (Kansas) that granted judgment for plaintiff in suit to recover damages for breach of an oral contract for the purchase and sale of cattle, arguing the contract was unenforceable and damages were calculated incorrectly. Phillip Eugene Wendling a farmer and stockman from Harvey County told Ted Puls a cattle buyer that he may have some cattle to sale in the middle of August. Puls told Wendling to contact him when he decided to sell the cattle. Their initial conversation took place in July of 1973, later in the middle of August Wendling contacted Puls in regards to having 103 head of cattle for sale. Puls then contacted Watson a veterinarian to provide financial backing for the purchase of the cattle. Puls and Watson inspected the cattle and initiated a price of .61 cents per pound for 98 cattle and .59 cents per pound on 5 other cattle. The official weigh in was performed on Pul’s truck with 3% off for shrinkage on August 16th. Pul’s then provided a check to Wendling in the amount of $1000.00 as a down payment for the cattle that he noted on the check. Wendling deposited the check on August 20th. On the 23rd of August the date set for delivery to Puls and Watson, neither showed up to pick up the cattle. Issues regarding a location to facilitate the cattle prolonged the delivery on behalf of Puls and Watson that initiated Wendling to request another down payment in which Pul’s refused. Pul’s suggested that Wendling should consider selling the cattle to another buyer, Wendling explained that he needed a release to negotiate another sell, in which Pul’s never responded to.

Facts: Puls and later Watson, displayed an...