Wendling vs. Puls & Watson

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Wendling v. Puls & Watson

Case Brief


Ted Puls and George Watson appealed the courts decision, which favored Paul Wendling, who was seeking to recover damages for a breach of an oral contract for the purchase and sale of cattle. Puls and Watson state the contract was unenforceable and damages were calculated incorrectly.


Wendling, a farmer and stockman, met Puls (an actice cattle buyer) at a livestock show in Hutchinson. Wendling mentioned to Puls he might have some cattle for sale if he was interested in buying. Puls seemed interested and told Wendling to let him know when he wanted to sell. A month later Wendling informs Puls that he had 103 cattle he was interested in selling. Puls seeked the assistance of George Watson, a veterinarian, for financial assistance and together drove to Wendlings farm to inspect the cattle. Wendling and Puls & Watson both agreed on mutual price of 61 cents per pound for 98 heads of cattle and for the remaining 5 heads the price was 59 cents. The cattle was also to be weighed on Puls trucks with a 3% for shrinkage. Watson gave Wendling $1000 for a down payment on the 103 heads of cattle. A couple of days later Puls went to Wendling and requested an additional week to take delivery. Wendling agreed to extend the delivery by a week making sure the same terms and conditions still applied. Puls assured Wendling they did. On the date agreed upon for delivery Puls never sent his trucks down to Wendling’s farm to pickup the cattle. Wendling attempted to telephone Puls but was notified, he was putting away hay. Next Wendling contacted Watson and Watson didn’t know why the trucks were never sent to pick up the cattle. A few days pass and Wendling again contacted Puls. Puls explained that he was trying to find the room to put the cattle. Upon hearing this, Wendling requested additional down payment and Puls refused, telling Wendling he should sell the cattle to someone else. Wendling asked Puls for a written release...