Rezac Livestock Comm’n Co., Inc. v. Pinnacle Bank

Facts

On September 28, 2015, Dinsdale employee David Wahlert discussed the cattle market with Leonard. Wahlert told Leonard that Dinsdale was in the cattle market and agreed to talk to Leonard again the next day. Wahlert never had heard of plaintiff’s sale barn in St. Marys, Kansas and he never had communicated with any representative of plaintiff. On September 29, 2015, Leonard called Wahlert before the auction and Wahlert told Leonard that Dinsdale was interested in buying heifers under 800 pounds and steers under 900 pounds. Leonard turned down the offer from another buyer to purchase some of the cattle Leonard eventually would buy. That day, Leonard attended the auction at plaintiff’s sale barn and plaintiff sold Leonard some cattle. Leonard purchased some steers weighing more than 900 pounds. Leonard’s office then wrote plaintiff a check from Leonard’s account with Pinnacle for the cattle purchase. Dinsdale’s name is not on the check and Leonard never showed the check to Dinsdale.