Burk v. Emmick
United States Court of Appeals for the Eighth Circuit
637 F.2d 1172 (8th Cir. 1980)
Willard Burk (plaintiff) delivered cattle to Bob Emmick (defendant) under a sales contract, receiving two checks as payment that both bounced; Burk reclaimed the cattle and resold them for less than the original contract price, then sued Emmick for breach of contract and fraud, and a jury awarded Burk $19,300. Emmick appealed, arguing UCC § 2-702 barred Burk from seeking damages after reclaiming the cattle, and that Burk improperly reclaimed the cattle more than 10 days after delivery.
Whether the Uniform Commercial Code allows a seller who reclaims goods from a cash buyer who failed to pay the contract price to also pursue additional damages, or whether reclaiming the goods is the seller's exclusive remedy.