Case Study Wendling V. Puls & Watson, 610 P.2d 580

1339 Words6 Pages
Procedural History: The Harvey District Court in Kansas awarded damages to the Plaintiff Philip Wendling for the breach of an oral contract for the purchase and sale of cattle. The Defendants Ted Puls and George Watson appealed arguing the contract was unenforceable and damages were calculated incorrectly. On July 13, 1973, Mr.Wendling a farmer and stockman called Mr. Puls a cattle buyer to inform him he may have some cattle for sale in mid August. Mr.Puls told Mr.Wendling to contact him when he decided to sell the cattle. On August 13, 1973, Mr. Wendling contacted Mr. Puls in regards to having the 103 head of cattle for sale. Mr. Puls then contacted Mr.Watson a veterinarian to provide financial backing for the purchase of the cattle. Mr. Puls and Mr.Watson drove to Wendling's farm and inspected the cattle. The parties negotiated and agreed on a price of 61 cents per pound for 98 cattle and 59 cents per pound on 5 other cattle. On August 16, 1973, the cattle were weighed on Mr. Pul’s truck. Mr. Pul’s then provided a check to Mr.Wendling in the amount of $1000.00 as a down payment for the cattle. Mr. Puls asked Mr.Wendling for an extension of an additional week pick up of the cattle. Mr. Wendling granted the additional week, providing the same terms and conditions applied. Mr. Puls assured him they did. On August 23, 1973, was the date set for delivery. Mr. Wendling rounded up the cattle. Mr. Plus or Mr. Watson neither appeared, sent a truck, nor called for the pickup of the cattle. Mr.Wendling tried to call Mr. Puls, but was informed that Puls was putting up hay. Then Wendling called Watson, who said that he didn’t know why pickup hadn’t been done and that he would talk with Mr. Puls. Then on August 27, 1973, Mr. Wendling finally reached Mr. Puls by phone and demanded an explanation. But Mr. Puls claimed that he had been trying to find a location to put the cattle.

More about Case Study Wendling V. Puls & Watson, 610 P.2d 580

Open Document