Case Study: Phillip Eugene Wendling, Appllee V. Ted Puls and George Watson

1678 words 7 pages
Student: Matthew Way
Case Study:
Phillip Eugene Wendling, Appellee, v. Ted Puls and George Watson, Defendants-Appellants
No. 50,522
227 Kan. 780; 610 P. 2d 580; 1980 Kan. LEXIS 280; 28 U.C.C. Rep. Serv. (Callaghan) 1362
May 10, 1980, Opinion Filed
The Procedural History:
Phillip Eugene Wendling, a Harvey County farmer and stockman, told Ted Puls, an active cattle buyer, in July of 1973 that he might have some cattle for sale around the middle of that August. Puls indeed asked Wendling to call him when he decided to sell his cattle. On the 13th of August, 1973, Wendling informed Puls that he had 103 head of cattle for sale. Puls in turn contacted George Watson, a veterinarian, for financial
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The court saw that the date of September 21st should stand since the seller has remedy in this circumstance under K.S.A. 84-2-708(b) which states that the entire down payment must be applied.
Reasoning and Disposition:
The The Appeals Court surmised that the case must stand due to the provisions and precedence of the Kansas UCC and similar cases. Several items, language, and terms were scrutinized by the court but in key was that all parties clearly and openly admitted the existence of the contract including quantity, price and date of delivery. The seller provided the buyers a written notice stating terms and conditions of the contract, which in turn the buyers neither responded nor denied. The court found that the requirements of K.S.A. 84-2-201(3)(b) were indeed met.
Opinion of the case:
I feel that there could be no reversal of the court’s decision. The initial judgment was just and the appellants had no legal standing. Since Ted Puls had experience with being a cattle dealer, he should have known a fair amount of what he was getting into. I will say that Mr. Watson may have gotten into a situation that he was not ready for as potentially a silent partner. Although in the beginning of the case Mr. Wendling seemed to be a farmer who came into some cattle to sell, he certainly showed