Bunge Corp. v. Recker
United States Court of Appeals for the Eighth Circuit
519 F.2d 449 (8th Cir. 1975)
Facts
Recker (defendant) contracted to deliver soybeans to Bunge Corp. (Bunge) (plaintiff) by the end of January. The contract did not require Recker to grow the beans himself. Due to severe winter weather at his farm, Recker was unable to harvest the amount of beans required in the contract. As was allowed in the contract, Bunge extended the time for Recker’s delivery to the end of March. When Recker still did not deliver, Bunch brought suit for breach of contract. In the time between January and the end of March, the market price of beans rose by about 10 percent and Bunch sought the difference between the contract price and the market price at the beginning of April. The district court found in favor of Bunge and awarded him the difference between the contract price and the market price at the end of January, finding that Bunge’s extension of the delivery time was not made in good faith, but rather to increase its recovery on account of the increased market price. Bunge appealed.
Rule of Law
Issue
Holding and Reasoning (Kilkenny, J.)
What to do next…
Here's why 710,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
