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Contracts Keyed to Fuller
Panhandle Agri-Service, Inc. v. Becker
Citation:
231 Kan. 291, 644 P.2d 413 (1982)Facts
Panhandle Agri-Service, a Texas corporation, contracted with Norman Becker, a Kansas farmer, to purchase 10,000 tons of alfalfa hay at $45 per ton to be delivered during the 1978 hay season. Due to a shortage in the 1978 crop, Becker was unable to deliver the full amount, and both parties agreed that the remaining 912 tons and 256 pounds would be supplied from the 1979 hay crop. By 1979, Panhandle had experienced financial difficulties, sold its fleet of trucks, and undergone management changes. When Panhandle attempted to arrange pickup of the remaining hay, complications arose, including a stipulation that payment must be made before loading and a threat of attachment from a judgment creditor. Meanwhile, the market price of hay had risen to $62 per ton. Ultimately, Becker refused to deliver the remaining hay, prompting Panhandle to file suit for breach of contract.
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