In August, Bunge Corporation, a grain dealer, and Recker, a farmer, entered into a written contract under
Question:
In August, Bunge Corporation, a grain dealer, and Recker, a farmer, entered into a written contract under which Recker agreed to sell to Bunge ten thousand bushels of No. 2 yellow soybeans to be grown in the United States at $3.35 per bushel.
Delivery of the grain was to be made at Bunge’s place of business, Price’s Landing, Missouri, during January of the following year. Nothing in the contract required Recker to grow the beans on his own land, to grow the beans himself, or to operate a farm. The contract also provided that Bunge could extend the time of delivery. Severe winter weather struck the southeastern Missouri area in the early part of January, making it impossible for Recker to harvest approximately 865 acres of his beans. Agents of Bunge visited Recker’s farm in mid-January and observed that the beans were unharvestable. Shortly thereafter, Bunge directed a letter to Recker, calling attention to the fact that the 10,000 bushels of beans due under the contract had not been delivered. By the same communication, Bunge extended the time for delivery to March 31.
From January 31 to March 31, the market price of beans increased by 10 percent.
When delivery was not made by March 31, Bunge commenced an action to recover damages for breach of contract. Recker answered by admitting the failure to deliver but argued that he was excused from performance by the destruction of part of his crop. Explain which party should prevail.
Step by Step Answer:
Essentials Of Business Law And The Legal Environment
ISBN: 9781337555180
13th Edition
Authors: Richard A Mann, Barry S Roberts