Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

National Farmers Organization v. Bartlett & Co., Grain

United States Court of Appeals for the Eighth Circuit
560 F.2d 1350 (8th Cir. 1977)


National Farmers Organization (NFO) (plaintiff) agreed to sell grain to Bartlett & Co., Grain (Bartlett) (defendant) in a series of forty-five contracts. Both parties fully performed under the first thirty-one of these contracts, leaving fourteen at issue. Over the next six contracts, NFO began not fully completing its grain deliveries on time. During this period, Bartlett began withholding some payment on grain that actually was delivered “as protection against realized or potential loss caused by failure on [NFO’s] part to perform all contracts not yet fully performed.” About a month later, with eight contracts still due to be performed, NFO informed Bartlett that it was ceasing delivery on the outstanding contracts until Bartlett made substantial payment for deliveries already made. Bartlett treated this communication as an anticipatory repudiation of the remaining eight contracts. Bartlett then paid NFO the amount owed on the previous six partial deliveries, setoff by damages due to NFO’s breach of those six contracts, as well as NFO’s anticipatory repudiation of the remaining eight contracts. NFO objected to the setoff with respect to the eight remaining contracts and brought suit. NFO claimed that its communications to Bartlett did not constitute anticipatory repudiation. The trial court found that NFO had repudiated the contracts and found in favor Bartlett. NFO appealed.

Rule of Law


Holding and Reasoning (Van Oosterhout, 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 499,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.

Here's why 499,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial