Clark v. Wallace County Cooperative Equity Exchange
Kansas Court of Appeals
986 P.2d 391 (1999)
Relevant factsFree
Farmer Ray Clark (plaintiff) contracted in January to deliver 4,000 bushels of corn to the Wallace County Cooperative Equity Exchange (defendant) after harvest, without specifying the corn had to come from any particular field. A September freeze cut Clark's actual crop to about 2,207 bushels, which he delivered; the Coop withheld payment for the shortfall, and Clark sued for the withheld amount, arguing the freeze excused his shortfall.
IssueFree
Whether a farmer who contracts to provide 4,000 bushels of corn, without specifying from where the crop will come, but falls short because of severe weather, is entitled to be paid for the amount delivered without liability for the shortfall.