Tower City Grain Co. v. Richman
North Dakota Supreme Court
232 N.W.2d 61 (1975)
Relevant factsFree
The Richmans (defendants) orally agreed to sell Tower (plaintiff) 10,000 bushels of wheat without a fixed delivery date, later refused to deliver on the date Tower demanded, and the trial court ordered specific performance without making any factual findings supporting why that remedy, rather than damages, was appropriate for this fungible commodity.
IssueFree
Whether the buyer in a purchase contract for fungible goods is entitled to specific performance if the seller breaches.