Mcmillan v. Meuser Material And Equipment Co.

541 S.W.2d 911 (1976)

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Nature of the Case

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Facts

McMillan (D) entered into a contract to buy a bulldozer from Meuser (P). The purchase price included the bell housing and was $9,825 f.o.b. Springdale. P arranged transportation of the unit to Greeley, Colorado, the residence of D. On December 24, 1973, D stopped payment on the check asserting that since the agreed delivery date was December 21, the delivery was past due. P contends that the delivery date was January 1, 1974. P sued D. Eventually P sold the bulldozer for $7,230 on March 5, 1975, at a private sale. During this fourteen-month interval, the equipment remained unsheltered on an Arkansas farm, but it was regularly serviced. The trial court found that D breached the contract and found actual damages to be $2,595 and incidental damages to be $105. D appealed. D contends that P’s resale was not in accordance with 2-706.