H-W-H Cattle Company, Inc. v. Schroeder

767 F.2d 437 (1985)

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H-W-H Cattle Company, Inc. v. Schroeder

United States Court of Appeals for the Eighth Circuit
767 F.2d 437 (1985)

SC
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Facts

H-W-H Cattle Company, Inc. (HWH) (plaintiff), contracted to buy 2,000 steers from Clayton Schroeder (defendant) for $67 per hundredweight. In turn, HWH contracted to sell the same cattle to Western Trio Cattle Company (Western) for $67.35 per hundredweight. Schroeder delivered only 1,397 steers. HWH sued Schroeder for breach of contract. The district court awarded HWH the remainder of the down payment it had made to Schroeder and $1,371.83 in damages for HWH’s lost $0.35 per undelivered steer. HWH appealed, seeking a measure of damages under Uniform Commercial Code (UCC) § 2-713, which provided for damages in the amount of market price of the goods minus the contract price.

Rule of Law

Issue

Holding and Reasoning (Heaney, J.)

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