Brief Fact Summary.
Ray C. Clark (Clark) sued Wallace County Cooperative Equity Exchange for full payment owed in a contract to deliver 4,000 bushels of corn after Clark delivered 2,207.41 of the 4,000 bushels.
Synopsis of Rule of Law.
If a seller contracts to deliver goods from an unspecified source and the seller’s performance is compromised by inclement weather, the seller is not excused from delivering the goods to the purchaser.
The appellant has the burden to designate a record sufficient to sustain the claimed error.View Full Point of Law
Ray C. Clark (Clark) entered a contract to deliver 4,000 bushels of corn to Wallace County Cooperative Equity Exchange (Wallace) after the harvest. A freeze in the winter caused Clark to deliver only 2,207.41 bushels. Wallace reduced the amount paid to Clark due to the shortage in the amount of corn delivered. Clark sued Wallace for the remainder of the payment. The trial court granted judgment to Wallace, Clark appealed.
Whether a farmer is entitled to deliver 4,000 bushels of corn if he did not specify what land the crops will come from and is unable to deliver the corn due to severe weather?
Yes. The contract did not require Clark to grow the corn on a particular plot of land. Therefore Clark is not excused for delivering less than the agreed upon amount of corn. The judgment from the trial court is affirmed.
The Uniform Commercial Code §2-615 excuses a party from performance under a contract due to impracticability. The impracticability excuse is not sufficient where the seller can foresee the circumstances that will cause the loss of the goods.