Wendling vs. Puls & Watson

Case Study : Wendling v. Puls & Watson

Introduction

Procedural History

Phillip Eugene Wendling was a Harvey country farmer and a stockman. He had some negotiation with an active cattle buyer, that he might sale few of his cattle in the middle of August. Indeed he asked him to call back when he decided to sell his cattle. Later, Wendling called Puls and informed him that he wants to sell 103 head of cattle. Puls in returned called his financial advisor 'Watson' to assist him in this purchase. After the inspection of heads of cattle, the three individual decided the price and agreed on one. Puls made down payment for 103 heads of cattle. After that, wendling prepared the cattle for delivery; however, neither Puls nor Watson came to take delivery. After getting in a mess Wendling called Puls, he was informed that Puls was not available. He contacted Watson; he pretended to be unaware of the situation. After few days, he caught Puls on the phone, He then told him that he was finding some place for heads of cattle but could not get any. Infact, he also suggested Wendling, to sell the cattle to someone else. Wendling wanted a written agreement before he releases his money. However, Puls refused to do so. Puls did not respond to any of the requirements wendling asked for. In this way, wendling had to take some legal action. He contacted them through court to have jury take the decision. The jury decided to render the decision for the plaintiff-appellee seller for the amount of 14755.02 dollars.

Discussion

This is a civil matter to cover damages for breach of contract. This contract was done between Wendling, Puls and Watson on sale and purchase of cattle. It became a controversy later due to breach of contract by the buyer, who did not follow the agreement and refused to act upon it.

Facts and figures

Phillip Eugene Wendling a country farmer met Ted Puls in July 1973. Knowing the fact that Puls is an active buyer of cattle, Wendling told he might have some cattle for sale in mid of August 1973. Puls showed interest and said to call him, whenever he gets ready to sale. On 13th of August, Wendling called Puls and offered him 103 heads of cattle for sale. Puls asked hi legal advisor for this decision, and on 14, both drove to Wendling's farm. ...