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Remedies Keyed to Tabb, 8th
Ziebarth v. Kalenze
Citation:
238 N.W.2d 261 (1976)Facts
On June 16, 1971, Ziebarth and Kalenze entered into a written contract whereby Ziebarth agreed to purchase all Simmental heifer calves produced from Kalenze’s cows that were artificially inseminated with semen furnished by Ziebarth. The contract specified delivery at about seven months of age or at least 450 pounds, no earlier than October 15 and no later than November 15, with delivery at buyer’s expense. Twenty-six heifer calves were produced. Kalenze began weaning the calves on October 25 and informed Ziebarth on November 8 or 9 that the calves were ready for pickup. Ziebarth made no attempt to pick up the cattle by November 15. The parties had telephone conversations in late November and early December regarding weather conditions and potential reimbursement for feed costs, but no agreement was reached. When Ziebarth called in mid-December to arrange pickup, Kalenze refused and subsequently sold the calves to another party on December 23, 1972, for $450 per head. Ziebarth filed suit on January 22, 1973, seeking specific performance.
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