Cattle Case Study

888 words - 4 pages

PROCEDURAL HISTORY:
Phillip Eugene Wendling filed suit in Harvey District Court under the Uniform Commercial Code (UCC) to receive damages for a breach of an oral contract for the purchase of cattle. The court found in favor of the plaintiff, and the defendant filed an appeal with the State Supreme Court of Kansas.
FACTS:
In July of 1973 Phillip Eugene Wendling a famer met Ted Puls who was a cattle buyer for the Central Livestock Sale in Hutchinson KS. During this encounter Wendling indicated to Puls that he would potentially have some cattle for sale at around mid-august of that same year, to which Puls indicated he might be interested in purchasing the cattle and asked Wendling to ...view middle of the document...

After seeking legal counsel Wendling attempted to obtain a written release from Watson/Puls so that he could sale the cattle to someone else (ending his contractual obligation to Watson/Puls). On 29 August Wendling attempted to reach Watson/Puls at his counsel’s office in order to obtain the written release but was unable to find them. As a result Wendling served a written notice to Watson/Puls of the impending breach of contract if they did not comply with the terms of their agreement with Wendling. Wendling received no response from Watson/Puls and as result established the value of the herd under the terms of the contract at $50,533.50 but later sold the cattle for $39,978.49 and filed suit in state court for breach of contract.
Issues:
1. Under Kansas Law (84-2-708) is it acceptable for the seller to stipulate a delivery date (settlement of tender) for the completion of the transaction when the two parties are in dispute?
2. Under Kansas Law (84-2-718) is it acceptable for the plaintiff to claim games in excess of the $1000 down payment due to the customs and usage of the cattle trade?
Answer/Holding:
1. The Court found that Wendling’s actions in this case were indeed within the scope of Kansas state law. Wendling advised Puls/Watson that he was not able to freely sale the obligated heads of cattle until he had received a written document ending his contractual obligation to Puls/Watson. Watson/Puls did not appear at the agreed upon time to sign the necessary paperwork to free Wendling of his contractual...

Other Essays Like Cattle Case Study

Hospital Efficiency Essay

675 words - 3 pages 1. What perspectives of organizational effectiveness best describe the application of lean management practices? Describe how specific elements of that perspective relate to the interventions described in the case study. The case study in question shows many benefits of hospitals around the world adapting to lean management practices. Essentially they are looking to cut waste, and provide the most efficient care possible. The first

Dairy Farming in Bangladesh Essay

5817 words - 24 pages provision of food, nutrition, income, savings, draught power, manure, transport and other social and cultural functions. With livestock, people who are poor and landless can still access common property resources, such as roadsides, open grazing areas and water bodies. Cattle are by far the most important farm animals; smallholders possess the majority of them, and they are directly linked to family income, nutrition and welfare. While animal

Evaluation of an Existing Health

1164 words - 5 pages prevent the existence of such factors. The following is an analysis on the influence of external factors that affect the health planning initiatives within the Borlein region. Economic The area has various sources of employment that range from agricultural activities, fishing, tourism and service related activities. However, in the case study it is indicated that the other centers within this region experience increased rates of unemployment except

Deforestation 5

1008 words - 5 pages killing the rubber tappers. In another, they think only of profits from cattle ranching. They set fire to nature reserves. They could all think about the environment a little more." The head of the satellite agency which analyzes the problem on a daily basis is more blunt. He says: "We know that burning in the Amazon is gigantic. It's time they showed us a wealthy farmer in handcuffs." If you want to know what happens when the rain forests are

History of Micro

822 words - 4 pages microbial growth Rudolf Virchow challenged the case of spontaneous generation with the concept of biogenesis, the claim that living cells can arise only from preexisting living cells. Louis Pasteur showed that microorganisms can be present in nonliving matter- on solid, in liquids, and in the air. (proved that spontaneous generation was false) He demonstrated conclusively that microbial life can be destroyed by heat and that methods can be

Biology HSC Syllabus - Blueprint Of Life - All Dot Points Answered

7675 words - 31 pages a layer of fat under their skin.But they belong to different orders of mammals and are unrelated.•Prepare a case study to show how environmental change can lead to changes in a species:-The Peppered Moth:Originally population was mainly composed of lighter mothsThey camouflaged on lichen covered trees to hide from birdsDuring Industrial Revolution, trees covered in soot and lichen die offLight moths can no longer camouflage, become easier

Conspiracy on Aids

1487 words - 6 pages (HIV) causes acquired Immune Deficiency Syndrome (AIDS) HIV is a virus that attacks the immune system. It is a Lentivirus, which means “slow virus” because it takes an extensive period of time before the side effects of a lentivirus are noticeable. Lentiviruses are a relatively common type of disease and can be found in several animals such as horses, cat, sheep and cattle. Some people believe that HIV originated from a primate lentivirus known as

Somalian Economy in 1990

5160 words - 21 pages example of SAP success, but they fail to include the details of the banana industry’s “success.” Abdi Ismail Samataar investigates structural adjustment as a development strategy by using Somalia’s banana industry in the Shabelle valley as a case study. Samataar shows that while SAPs did lead to growth in the banana industry, the primary beneficiaries were foreign investors (in this case the Italian company De Nadai) and growth came at the expense

Tracing the Reasons for Semantic Change

2564 words - 11 pages contexts and some other case. Hence, the linguistic causes of semantic change may be discussed under following sections: Differentiation of Synonymy: The conflict of synonyms often causes semantic change. When a perfect synonym of a native word is borrowed from other languages. For instance, in old English, the

The Policy Adopted Towards The Aborigines In Australia In The Nineteenth And Twentieth Centuries Can Only Be Described As 'genocidal', Discuss

3113 words - 13 pages The policy adopted towards the Aborigines in Australia in the nineteenth and twentieth centuries can only be described as 'genocidal', DiscussIn the study of Australian history, the policies adopted towards the Aborigines in the nineteenth and twentieth centuries, is arguably the most controversial area to date. In the current climate of heat in Aboriginal affairs, 'genocide' is a word, which is mostly avoided by historians of both, black and

The Role of Women in Land Management and Conservation

3375 words - 14 pages , Italy Pandey, G.B. (1992). Gender analysis of environmental conservation in upland agricultural systems: A case study in the Middle Hills of Nepal. AIT MSc Thesis HS-92-21, Asian Institute of Technology – AIT, Bangkok, Thailand. SEAGA (1997) Gender-Disaggregated Data for Agriculture and Rural Development. Socio-economic and Gender Analysis Programme – SEAGA, Food and Agriculture Organization of the United Nations – FAO, Rome, Italy Sontheimer, S

Related Papers

Was Joseph Mc Coy The Only Reason For The Success Of The Cattle Industry?

650 words - 3 pages  Joseph McCoy was a cattle dealer from Chicago, who saw how to exploit the development of an ongoing trend. He was a crucial reason for the development of the cattle industry because he was the founder of the first cow town, Abilene, in 1867. He filled it with stock pens which encouraged ranchers to drive their cattle there. Abilene provided a neutral meeting place for the ranchers and buyers; it was a town free of mobs, rustlers and Indians

Martin Smith Essay

2346 words - 10 pages transaction According to the information provided by the case and the definition of variety of Private Equity investments, in this case Yellowstone Cattle Bank is involved in both Platform roll–up and growth LBO. From the information that provided, YCB is operated in a fragmented and consolidated industry and the company have opportunities to reduce the operating cost at future, these two points illustrated that it is obvious YCB transaction is a

An Idle Mind Is A Devils Workshop

672 words - 3 pages the imprint of his hands for these were the basis of his success. The wealthy farmer employed many workers but this not mean that he sat idle. He kept improving his farm. He bought farm machinery, learnt how to use it and how to repair it in case it went out of order. Then he started a dairy farm and followed this up breeding cattle. And all the while he read books on agriculture, dairy farming, machinery repair and many other subjects. He was

The Beginnings Of Super Humans Essay

596 words - 3 pages reveals itself. He performs at ease and with swiftness. The traits signifying his unique power. For now, the biggest concern for the Hoekstra family is keeping Liam fed and at ideal weight to match his super-fast metabolism. Myostatin-related muscle hypertrophy is a condition still new to scientific study. Scientists first discovered the condition in the 1990s in Belgian Blue cattle, an unusual muscular breed. The first human case was documented in