Phillipe Eugene

Aaron Whyte

Case Study:

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

The Procedural History:

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.was free to negotiate another sale. Puls did not respond to the requirement. On August 16, 1973, Puls went to Wendling's farm and requested an additional week to take delivery. 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 he should sell the cattle to someone else. Wendling told Puls he would need a written release before he was free to negotiate another sale. On August 28th, 1973, Wendling sought and was given the legal advice to acquire the written release from Puls and Watson before re-selling the cattle. When Wendling attempted to locate Puls and Watson, he was only successful in finding Watson. Wendling requested that Puls and Watson meet up with him at his lawyer’s office to take care of the release form. Neither Watson or Puls showed up to the lawyer’s office...