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Dangerfield v. Markel

278 N.W.2d 364 (1979)

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Dangerfield v. Markel

North Dakota Supreme Court

278 N.W.2d 364 (1979)

Facts

Dangerfield (plaintiff) was a potato broker who entered into a contract with Markel, a potato grower, to purchase 25,000 hundredweight. of chipping potatoes during the 1972-73 season. The potatoes were to be delivered in installments and were priced at $1.90 per hundredweight. In February 1973, Markel refused to deliver the remaining 15,055 hundredweight. of potatoes. Over the next 38 days, Dangerfield purchased those potatoes from other growers. Dangerfield sought to purchase as many potatoes as possible after learning of Markel’s breach, but Dangerfield was only able to buy a single delivery from each seller. The price of potatoes was rapidly rising during this period, and Dangerfield paid approximately $47,510 more than the contract price to purchase the remaining potatoes. Dangerfield sued Markel, alleging a breach of contract. Dangerfield sought damages for the amount he had to pay above the contract price to cover the contract and incidental damages. The trial court ruled for Dangerfield and awarded damages for covering the contract. Markel appealed.

Rule of Law

Issue

Holding and Reasoning (Erickstad, C.J.)

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