Tower City Grain Co. v. Richman

232 N.W.2d 61 (1975)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D entered into an oral contract to sell 10,000 bushels of 58-pound test weight wheat to P. D contend that the sale price was to be $2.24 per bushel and that the contract was entered into on or about December 15, 1972. P contends that the sale price was $2.25 per bushel and that the date of the contract was January 2, 1973, the same date that the grain was resold to a third party. It is undisputed that there was no date set for the delivery of the grain. Delivery was to be made upon availability of storage or rail transportation. P requested that D deliver the grain in fulfillment of the contract. D testified that they made repeated inquiries throughout the spring and summer of 1973 concerning the delivery of the grain. On each of these occasions, Ds were told either that they were next on the list or that the elevator was full and no boxcars were available for shipment. D refused to deliver the 10,000 bushels of wheat to P because the delay in calling for delivery of the grain constituted a breach of the contract. The trial court ordered specific performance and D appealed.