Lohman v. Wagner

862 A.2d 1042 (2004)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

Lohman v. Wagner

Maryland Court of Special Appeals
862 A.2d 1042 (2004)

RW

Facts

John Wagner (defendant) agreed in principle to buy young weaner pigs from Charles Lohman (plaintiff). Lohman needed a draft contract he could show his banker to arrange financing. Wagner drew up a draft contract, which listed the services, such as housing and feeding, that Lohman would provide to prepare the pigs for sale at a price of $28 per pig. The draft left a blank line for the number of pigs Lohman would deliver each week. Wagner signed the draft and sent it to Lohman. Lohman completed the draft by writing 300 on the blank line, took the completed draft to his bank, and got his loan. However, Lohman never copied Wagner on the completed draft. Nevertheless, Lohman started delivering 300 pigs each week, for which Wagner paid $28 each. A few months later, Wagner told Lohman that the price needed to drop to $18 per pig. Lohman sued to enforce the higher price. The trial court ruled that (1) the Uniform Commercial Code (UCC) applied to the case, (2) the UCC included farm animals in its definition of goods, and (3) the lack of an agreed-upon quantity term made the purported contract unenforceable under the UCC. Lohman appealed to the Maryland Court of Special Appeals. On appeal, Lohman contended that the contract was for the provision of services rather than the sale of goods and that, therefore, the UCC did not apply to the contract.

Rule of Law

Issue

Holding and Reasoning (Meredith, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership