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Clark v. Wallace County Cooperative Equity Exchange

Kansas Court of Appeals
986 P.2d 391 (1999)

Written by Denise McGimsey, JD

Facts

Farmer Ray C. Clark (plaintiff) contracted to sell 4,000 bushels of corn to the Wallace County Cooperative Equity Exchange (Coop) (defendant). The agreement was made in January with delivery scheduled to occur after the harvest. In September, a freeze in the region caused extreme damage to the corn crop. Clark’s crop amounted to just 2,207.41 bushels, which he delivered to Coop. Clark contended that he was excused from delivering the balance because of the weather. Coop disagreed and reduced its payment to Clark by the amount attributable to the shortage. Clark filed suit for the $1,622.97 retained by Coop. Coop prevailed in the trial court, and Clark appealed.

Rule of Law

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Issue

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Holding and Reasoning (Lewis, J.)

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