Case Study: Phillip Eugene Wendling, Appllee V. Ted Puls and George Watson
Student: Matthew Way
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:
Phillip Eugene Wendling, a Harvey County farmer and stockman, told Ted Puls, an active cattle buyer, in July of 1973 that he might have some cattle for sale around the middle of that August. Puls indeed asked Wendling to call him when he decided to sell his cattle. On the 13th of August, 1973, Wendling informed Puls that he had 103 head of cattle for sale. Puls in turn contacted George Watson, a veterinarian, for financial assistance on the purchase of the cattle. After an inspection of the cattle by Puls and Watson, the three individuals negotiated a price of 61 cents per pound for 98 head and 59 cents per pound for the other 5 head. After officially weighing the cattle on August 16th, on Pul’s trucks (with 3% off for shrinkage), Pul gave Wendling a check for $1000.00 as a down payment for the 103 cattle noted on the check. Wendling deposited the check on August 20th. On August 23rd Wendling penned the cattle in preparation for delivery, but neither Puls or Watson showed, sent trucks to pick up the cattle nor called. Wendling tried to call Puls, but was informed that Puls was “putting up hay”. Then Wendling called Watson, who said that he didn’t know why delivery hadn’t been taken and that he would talk with Puls. Then on August 27, 1973, Wendling finally reached Puls by phone and demanded an explanation. Puls claimed that he had been trying to find a location to put the cattle. Wendling requested additional down payment and Puls refused. Puls then suggested that Wendling should maybe sell the cattle to someone else. Wendling stated that he needed a written release before he was free to negotiate another sale. Puls did not resond to the requirement.
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:
Phillip Eugene Wendling, a Harvey County farmer and stockman, told Ted Puls, an active cattle buyer, in July of 1973 that he might have some cattle for sale around the middle of that August. Puls indeed asked Wendling to call him when he decided to sell his cattle. On the 13th of August, 1973, Wendling informed Puls that he had 103 head of cattle for sale. Puls in turn contacted George Watson, a veterinarian, for financial assistance on the purchase of the cattle. After an inspection of the cattle by Puls and Watson, the three individuals negotiated a price of 61 cents per pound for 98 head and 59 cents per pound for the other 5 head. After officially weighing the cattle on August 16th, on Pul’s trucks (with 3% off for shrinkage), Pul gave Wendling a check for $1000.00 as a down payment for the 103 cattle noted on the check. Wendling deposited the check on August 20th. On August 23rd Wendling penned the cattle in preparation for delivery, but neither Puls or Watson showed, sent trucks to pick up the cattle nor called. Wendling tried to call Puls, but was informed that Puls was “putting up hay”. Then Wendling called Watson, who said that he didn’t know why delivery hadn’t been taken and that he would talk with Puls. Then on August 27, 1973, Wendling finally reached Puls by phone and demanded an explanation. Puls claimed that he had been trying to find a location to put the cattle. Wendling requested additional down payment and Puls refused. Puls then suggested that Wendling should maybe sell the cattle to someone else. Wendling stated that he needed a written release before he was free to negotiate another sale. Puls did not resond to the requirement.