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Contracts Keyed to Calamari
Clark v. Wallace County Cooperative Equity Exchange
Citation:
Court of Appeals of Kansas, 1999. 26 Kan.App.2d 463, 986 P.2d 391.Facts
Plaintiff is a farmer who grows corn on his property. Defendant is a buyer of agricultural commodities. Plaintiff and defendant entered into a contract for the respective sale and purchase of 4,000 bushels of corn on a specified delivery date. The contract did not specify where or how the corn was to be grown. Due to a cold snap the plaintiff was unable to deliver the agreed upon amount – he was only able to deliver 2,200 of the 4,000 bushels specified in the contract. The defendant accordingly paid the plaintiff the pro rata amount of the payment specified in the contract. The plaintiff was unsatisfied with this, and sued the defendant for the full amount under the contract, arguing that he was owed the full amount even though he did not deliver the full amount of the corn because his ability to do so was impossible given the cold snap.
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