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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, entered into a contract 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, both parties agreed that the remaining 912 tons and 256 pounds would be supplied from Becker’s 1979 hay crop. By 1979, Panhandle was experiencing financial difficulties, having sold its fleet of trucks and become involved in a lawsuit with LeRoy Nichols, who obtained a $3,000 judgment against Panhandle. When Panhandle arranged for a third party, Gale McCoy, to haul the hay in 1979, McCoy refused after learning of Nichols’ threat to attach the trucks. By this time, the market price of hay had risen to $62 per ton. Panhandle’s president testified that Becker ultimately refused to deliver any more hay, leading to the lawsuit.
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