From our private database of 26,900+ case briefs...
Tongish v. Thomas
Kansas Supreme Court
251 Kan. 728, 840 P.2d 471 (1992)
Decatur Coop Association (Coop) (plaintiff) contracted with a farmer, Dennis Tongish (defendant), to purchase the sunflower seeds that Tongish grew on his farm. Pursuant to a contract with Bambino Bean & Seed, Coop planned to resell the seeds for the same price plus a handling fee which constituted Coop’s profit in the transaction. Following the first delivery to Coop, the price of sunflower seeds increased to double the contract price and Tongish refused to deliver the remaining seeds as agreed. Tongish instead sold the seeds to another purchaser for $5,153 more than the contract price and Coop sued Tongish for breach. The trial court awarded Coop $455 in damages, based on the amount of the handling charge he would have earned from the transaction absent Tongish’s breach. Coop appealed. The appellate court reversed the trial court ruling finding that the measure of damages should have been based on the market price under Section 2-713 of the Uniform Commercial Code, rather than Coop’s actual loss. Tongish appealed the appellate court’s ruling.
Rule of Law
Holding and Reasoning (McFarland, J.)
What to do next…
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 541,000 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
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 541,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 26,900 briefs, keyed to 983 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.