Wendling advised Puls and Watson he did not feel free to sell the livestock without a written release. I will say that Mr. Since Ted Puls had experience with being a cattle dealer, he should have known a fair amount of what he was getting into.
Watson may have gotten into a situation that he was not ready for as potentially a silent partner. Wendling told Puls he would need a written release before he was free to negotiate another sale.
The next day Wendling could not locate Puls but was able to talk to Dr. The down payment check itself does not serve as a clear agreement and there is no evidence the parties intended it to indicate a firm agreement regarding damages. Wendling proceeded to comply with the terms of the notice.
Puls made no response to the release suggestion. Finally on August 27,Wendling reached Puls by telephone and demanded an explanation.
He was smart to go to his lawyer, but perhaps he was even smarter to know that he needed to try to get a written release from the buyers.
Wendling requested additional down payment and Puls refused. I would highly suggest that in the future Mr. Several items, language, and terms were scrutinized by the court but in key was that all parties clearly and openly admitted the existence of the contract including quantity, price and date of delivery.
In addition, he held if the down payment was inadequate to cover all of his damages, Wendling could bring an action to recover his excess damages. Since the parties admitted to these things, K. If you are going to get your feet wet in the business of livestock, perhaps it should be with an individual that is seasoned and reputable.
The court found that time was not of the essence in the contract for sale between the parties in this case. This court went on to point out that it must first be shown either that the other party had knowledge of such a custom or that the knowledge among those in the business or industry was so notorious as to furnish a presumption that the other party had knowledge of it.
We do not agree with this construction of K. Appellants made no response. Puls asked Wendling to call him when he decided to sell. Wendling granted the additional week, providing the same terms and conditions applied.
In raising the issue, appellants admit the contract of sale, its terms and the proposed delivery date. First, there is no written agreement between the parties regarding the amount of liquidated damages to be recovered in the event of breach by the parties.
Although in the beginning of the case Mr. This is certainly not possible in most cases, but worth avoiding a headache when it is possible. Appellants Puls and Watson appeal. On August 13,Wendling called Puls and informed him he had head of cattle for sale.Carlson DHCJ rejected all Soler’s defences - Case: Hummingbird Music V Dino Acconci and Giulio Acconci - Outcomes introduction.
In respect of the defence of “restraint of trade”, Carlson DHCJ held that the arrangement between the parties was a joint venture and the parties were of equal bargaining power. Soler appealed on the primary. Student: Matthew Way Case Study: Phillip Eugene Wendling, Appellee, v.
Ted Puls and George Watson, Defendants-Appellants No. 50, UNITED STATES SUPREME COURT OF KANSAS.
Phillip Eugene Wendling, Appellee, v. Ted Puls and George Watson, Appellants (Case Study). A discussion of procedural history, facts, issues, answer/holdings, and reasoning and disposition for.
View Essay - Case study Week 6 from PROC at mi-centre.com Phillip Eugene Wendling, Appellee, v. Ted Puls and George Watson, Appellants No.
50, Supreme Court of %(3). Johnson Bank V. George Korbakes & Company, Llp words 4 pages. Show More Case Accountant’s Liability: Johnson Bank v. George Korbakes & Company, LLP Keller School of Management Case Questions: Case Study: Phillip Eugene Wendling, Appllee V.
Ted Puls and George Watson. Phillip Eugene Wendling, a Harvey County farmer and stockman, told Ted Puls, an active cattle buyer, in July of that he might have some cattle for sale around the middle of that August - Case Study: Phillip Eugene Wendling, Appllee V.
Ted Puls and George Watson introduction. Puls indeed asked Wendling to call him.Download