Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

Burk v. Emmick

United States Court of Appeals for the Eighth Circuit
637 F.2d 1172 (1980)


Bob Emmick (defendant) contracted to buy cattle from Willard Burk (plaintiff). Burk delivered the cattle to Emmick, and Emmick gave Burk two checks as payment. The checks bounced. Burk took back the cattle and resold them for less than the Burk-Emmick contract price. Then Burk sued Emmick for breach of contract and fraud. The case went to trial, and the jury awarded Burk $19,300 in damages. Emmick appealed, arguing that: (1) under Uniform Commercial Code (UCC) § 2-702, Burk could not recover damages after taking back the cattle, and (2) Burk improperly reclaimed the cattle more than 10 days after delivery.

Rule of Law


Holding and Reasoning (Heaney, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 498,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 498,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial