Clark v. Wallace County Cooperative Equity Exchange

26 Kan.App.2d 463, 986 P.2d 391 (1999)

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Nature of the Case

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Facts

In January 1995, Clark (P) and Coop (D) entered into a written agreement in which P agreed to sell D 4,000 bushels of corn to be delivered after the crop was harvested. A September freeze severely damaged the crop. P had only 2,207.41 bushels, which he delivered to D. P claimed he was excused from further deliveries. D disagreed and withheld partial payment. P sued to recover the $1,622.97 D withheld.