Unke v. Thorpe

59 N.W.2d 419 (1953)

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Nature of the Case

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Facts

P deals in a considerable quantity of alfalfa seed, principally at wholesale to dealers. Through an intermediary, P met with Thorpe (D) examined some of D's threshed seed in sacks and watched the threshing operation in process. The parties met later and talked about the amount of seed Ds would have to sell, and about the price for which they would sell. They agreed on a price of 53 cents per pound. P prepared a written contract and tendered it to D for their approval. P had inserted the figures '600 to 800' bushels. Evidence indicates that D did not know how much seed they would have, and they were selling only their 1950 crop. P testified in substance that he said he must have a definite figure because he was intending to sell seed against the contract. Ds deny that such a statement was made. Only 301 bushels of seed like the sample P had examined were recovered by the threshing and cleaning process. There is no indication in the evidence that a greater amount of seed like the sample could have been recovered. P sued D for breach. D defended by claiming the contract was induced by fraud. The court ruled for D and P appealed.