Phillip Wendling vs. Puls and Watson

Case Study #2 Phillip Eugene Wendling, Appllee V. Ted Puls and George Watson 610 P.2d 580

Procedural History:

Plaintiff, (Wendling) sued defendants (Puls and Watson) for breach of oral contract and to recover damages for the purchase of cattle. Courts sided with plaintiff. Defendants appealed that judgment for plaintiff to recover damages for breach of contract for the purchase of cattle was unenforceable and damages calculated incorrectly. Appeal received judgment affirming original court judgment.

Facts:

Phillip Eugene Wendling, a Harvey County farmer and stockman, met with Ted Puls, an active cattle buyer in July 1973. Wendling told Puls that he might have some cattle for sale in mid August 1973. Puls asked Wendling to give him a call when he was ready to sell the cattle. On August 13, 1973, Puls received a call form Wendling that he 103 head of cattle available for sale. Puls and his partner, George Watson, a veterinarian also associated with Puls for financial assistance, drove to Wendling Farms on August 14, 1973 to inspect the cattle. Their visit resulted in a negotiated price for the 103 heads of cattle; 61 cents per pound for 98 heads of cattle and 59 cents per pound for 5 heads of cattle. Officially the cattle were to be weighed on August 16, 1973 on Puls truck with 3% off for shrinkage. On this same date, time of agreement; Watson gave Wendling a check for $1,000 as a down payment, with the notation “103 cattle” written on the check. The check was deposited on August 20,1973.

On August 16, 1973 Puls requested an additional week to take delivery of the 103 cattle heads from Wendling, providing the same terms and condition applied. Wendling accepted the extension considering Puls reassured him the terms were still the same. On August 23, 1973 Wendling rounded up the cattle for delivery in accordance to the terms agreed upon between him and Puls. Puls did not show, nor were trucks sent or Wendling notified that delivery would not occur on that...