Tower City Grain Co. v. Richman
North Dakota Supreme Court
232 N.W.2d 61 (1975)
On January 2, E.W. Richman, Peter Richman, and Kenneth Richman (defendants) entered an oral contract to sell 10,000 bushels of wheat to Tower City Grain Co. (Tower) (plaintiff). At the time the contract was formed, the parties agreed on a price but did not identify a delivery date. The time of delivery would depend on when the Richmans were able to arrange transportation for the wheat. The Richmans made numerous attempts to set up wheat transportation. Tower told the Richmans to deliver the wheat on July 17. The Richmans refused to deliver the wheat on the basis that Tower’s delay in asking for the delivery amounted to breach of contract. Tower sued the Richmans, seeking specific performance of the contract. The trial court ruled in favor of Tower without making any particular factual findings about why specific performance was appropriate. The Richmans appealed.
Rule of Law
Holding and Reasoning (Pederson, J.)
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