Dangerfield v. Markel

278 N.W.2d 364 (1979)

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Nature of the Case

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Facts

D contracted to sell P 25,000 cwt. of chipping potatoes during the 1972-1973 shipping season. D refusing to deliver 15,055 cwt. of potatoes during the contract period and P was forced to purchase potatoes on the open market to fulfill a contract with potato processors. The damages under the Uniform Commercial Code amounted to $47,510.16 plus interest. D appealed. P claims to have suffered severe financial hardship, shortage of capital, damaged business reputation, loss of business, and lessened business growth. P prayed for general damages of $56,310 and consequential damages of $101,745, less a set-off of $3,840.68 withheld by the buyer from payments due the seller for potatoes delivered. The trial court awarded P $47,510.16 plus interest and costs less an award to D of $3,840.68 plus interest. Both parties appealed.