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.)
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