Cole v. Melvin

441 F. Supp. 193 (1977)

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Cole v. Melvin

United States District Court for the District of South Dakota
441 F. Supp. 193 (1977)

  • Written by Robert Cane, JD

Facts

Terry Cole (plaintiff) agreed to purchase 16 blonde D’Aquitaine heifers from Warren Melvin (defendant). Melvin was to repurchase the same heifers from Cole later the same year in North Dakota. Melvin repudiated his repurchase obligation. Cole sued. At trial, information on the market price of heifers in North Dakota was unavailable, so the court heard evidence of price information from other geographic areas. Royale Runge, a cattle rancher, testified that the average price for exotic cattle sold in nearby Colorado was $2,200. Cole testified that, in his experience, the recent price for a heifer was between $2,000 and $2,500 in Canada.

Rule of Law

Issue

Holding and Reasoning (Bogue, J.)

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