Preview

Case Perschke Vs Sebaske

Satisfactory Essays
Open Document
Open Document
311 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Case Perschke Vs Sebaske
Ethics cases: Sebasty v. Perschke
Kurt Perschke, a grain broker, raised an action against Kenneth Sebasty for breach of an oral contract that the two parties entered into on September 28, 1972. In the contract, Sebasty would purchase 14,000 bushels of wheat at $1.95 per bushel (Henry 27). The deal that was to go through after six months failed after Sebasty claimed that there was no contract between the two. The damages on the side of the buyer accrued to $14,070.98.
Sebasty failed to supply the wheat as demanded by Perschke because the Statute of Frauds barred the act (Halbert and Elaine 43). The act says that any contract where the price of the goods to be purchased exceeds $500 should be in writing.
When the matter was brought before Judge

You May Also Find These Documents Helpful

  • Good Essays

    Mr. Ralph Gough was under a preexisting duty to construct the trusses for the Kinney shoe store. The general contractor, Chuckrow, was never obligated to pay for the re-erection of those trusses no matter who’s fault if they fell according to the original agreement. Mr. Gough 's preexisting duty cannot operate as consideration or change Chuckrow 's offer to pay. Therefore the contract was not modified, and Chuckrow is obligated only for the original contract price. Hence Mr. Gough cannot recover the funds. (Robert Chuckrow Construction Company v. Gough, 1968)…

    • 573 Words
    • 3 Pages
    Good Essays
  • Good Essays

    This case begins with the relationship between California and Hawaiian Sugar Company (C&H), the purchaser, and Sun Ship, Inc., the contractor for the design and delivery of a vessel to ship raw sugar for C&H from Hawaii to California. Sun Ship went into contract with C&H on November 14, 1979 and agreed upon the delivery of the vessel on June 30, 1981, one and three quarter years, for the agreed upon amount of $20,405,000 . According to Cheeseman (2013) a liquidated damages clause, defined as “damages that parties to a contract agree in advance should be paid if the contract is breached”, was included and called for $17,000 per day for each day that the vessel was not delivered. Additional details from Court of Appeals, 9th Circuit 1986 indicate that C&H went into another agreement with a company by the name of “Halter” for the purchase of "one oceangoing catamaran tug boat" that was, unbeknownst to Sun Ship, supposed to connect with the vessel that Sun Ship was contracted to deliver. Sun completed the vessel, which was…

    • 714 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Plaintiff Wendling

    • 699 Words
    • 3 Pages

    The Plaintiff Wendling was originally awarded damages for the breach of an oral contract for the purchase and sale of cattle to the Defendants Puls and Watson by the Harvey District Court; which the Defendants turned around and later appealed. Both of the Defendants argued that the oral contract was unenforceable by law and the damages were also not calculated correctly.…

    • 699 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

     Jeff could return the vehicle and receive his down payment of $1200 back, minus the depreciation of the vehicle Cereal Inc. vs Grocery Inc. Grocery Inc. vs cereal Inc. (Contract Law) 1. Was there an agreement? .…

    • 1103 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Don could choose to invoke one of several legal principles against the Scuppernong Grapes Distribution Company. Implied Contracts arise based on the conduct of involves parties “showing a mutual intent to contract” (Contract, n.d.). Promissory Estoppel protects someone when he/she believes a promise for a service has been made and the breaking of that promise will result in a loss for that person (Promissory, n.d.). Don could argue this principle because he believes he was promised a regular shipment of product at a regular price and he will likely lose some business and/or profit if he no longer carries the Scuppernong Grapes. It may especially result in a loss for Don if he has to purchase the grapes at a higher cost than was “agreed” to in the requirements…

    • 926 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Jack knew that the china at the sale was worth more than the $150.00 he offered the widow for all of it, bringing him a considerable return on his investment. He knew the price of the china was too good to be true so much that he did not attend any other sales that day. Because the widow gave consideration and her consent to the agreement by accepting Jack’s money for the china, this makes this an enforceable verbal contract. While Jack was paying for his items, the widow told him that she was downsizing because she was moving to an assisted living…

    • 775 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Mitchellj

    • 215 Words
    • 1 Page

    I do not agree with Lawson that the Statute of Frauds is a valid defense. The promissory estoppel provides that if parties enter into an oral contract that should be in writing under the Statute of Frauds, the oral promise is enforceable against the promisor if three conditions are met: 1. the promise induces action or forbearance of action by another, 2. The reliance on the oral promise was foreseeable, and 3. Injustice can be avoided only by enforcing the oral promise.…

    • 215 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    At the breakfast banquet, Schlichtmann demanded $25 million for the victims, another $25 million to establish a research institute to “study the links between hazardous waste and illness” and $1.5 million for each family for 30 years (boulder in the road). Subsequently, Beatrice’s attorney found this request outlandish and later offered Schlichtman $20 million (outside the courtroom Jerome place a 20 dollar bill on the bench beside him and said he could add 6 more zeros). He let his greed get the best of him and became obsessed about getting as much money from the corporate giants as he could. Furthermore, Schlichtmann did not have a best alternative to the negotiated agreement (BATNA) and thus declined the offer. The only amount he was willing to accept was the amount the other party was not willing to give. This turned out to be most unwise as the judge ruled that Beatrice Foods was not culpable for the outbreak of cancer-related deaths and other illnesses in the small Massachusetts community. In the end he ended up with an $8 million settlement from…

    • 630 Words
    • 3 Pages
    Good Essays
  • Good Essays

    “The actual name of the Statute of Frauds is confusing because it does not actually apply to fraud” (Fundamentals of Business Law P197). Specifically, this statute determines which type of contracts must be in writing. In other words, the “Statute of Frauds” refers to the requirement that certain kinds of contracts be made in writing and signed. Traditionally, the Statute of Frauds requires a written contract…

    • 912 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Big Time Toymaker

    • 461 Words
    • 2 Pages

    “4. What role does the statute of frauds play in this contract?” (Sean P. Melvin, 2011, p. 155). The statute of frauds would not apply “Under the Uniform Commercial Code would apply to the sale or lease of goods” (Sean P. Melvin, 2011, p. 151). In the scenario, it was a sale for service and requires a signature.…

    • 461 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Business Law Term Paper

    • 1184 Words
    • 5 Pages

    Bell Microproducts, Inc. mailed to McGurn an offer of employment that stated that if McGurn were terminated without cause during the first 12 months of employment, he would receive a severance package of $120,000. McGurn crossed out 12 and replaced it with 24, and signed the contract. Bell did not acknowledge the change that had been made to the contract and hired the applicant. McGurn was terminated without cause 13 months later.…

    • 1184 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Scaffold Plank

    • 1748 Words
    • 7 Pages

    Bob Hopkins, a previous banker, accepted a “trader” position with White Lumber, who was one of the bank’s best accounts. John White, the owner of White Lumber, was a director at the bank Bob previously worked for and a leading citizen in the community. The “trader” position Bob accepted involved buying and selling lumber. Bob’s compensation was incentive-based without a salary cap.…

    • 1748 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    Study guide for Kohler

    • 295 Words
    • 2 Pages

    4. What is the maximum share price at which Herbert Kohler should be willing to settle with the dissenting shareholders in order to stop the trial on April 11, 2000? Assume that (i) if the trial proceeds it is expected to last less than a month and result in two possible outcomes in terms of the price per share established in court: the $273,000 claimed by the plaintiffs, or the $55,400 being defended by Herbert Kohler; (ii) Kohler estimates the probabilities of these outcomes at 30% and 70%, respectively.…

    • 295 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    King, D. B. & Ritterskamp, J. J. (1998). Purchasing Manager’s Desk Book of Purchasing Law.…

    • 3195 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    Kohler Company

    • 764 Words
    • 4 Pages

    It is now April 2000 and Herbert Kohler Jr. must decide whether to settle with the plaintiffs or go to trail in 2 days. It was very possible that the court would determine fair market value to be much higher than price offered. Herbert also must consider that the IRS will use a court determined share price to determine the tax liability…

    • 764 Words
    • 4 Pages
    Good Essays