This section contains the nature of the case and procedural background.

P entered into a contract with Schroeder (D) to purchase 2,000 steers for $67.00 per hundredweight ($0.67 per pound). The cattle would be delivered between March 1, and May 31, 1979, in Artesia, New Mexico. P gave D a $50,000 downpayment for the cattle. P had a contract with Western Trio to sell it 2,000 head of cattle of the same description for $67.35 per hundredweight. Western Trio had given P a $50,000 downpayment which it had used to pay D. D was only able to deliver 1,397 cattle to P. P filed an action for breach of contract. The district court awarded to P $15,075, the remaining amount of P's downpayment which D had retained, and $1,371.83 in damages for P's lost commission on the cattle not delivered. P appealed.

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