H-W-H CATTLE COMPANY, INC. V. SCHROEDER
767 F.2d 437 (8th Cir. 1985)
NATURE OF THE CASE: HWH (P) sought review of judgment claiming a greater award of damages
for Schroeder's (D) breach of contract.
FACTS: P entered into a contract with Schroeder (D) to purchase 2,000 steers for $67.00
per hundredweight ($0.67 per pound). The cattle would be delivered between March 1, and May
31, 1979, in Artesia, New Mexico. P gave D a $50,000 downpayment for the cattle. P had a
contract with Western Trio to sell it 2,000 head of cattle of the same description for
$67.35 per hundredweight. Western Trio had given P a $50,000 downpayment which it had used
to pay D. D was only able to deliver 1,397 cattle to P. P filed an action for breach of
contract. The district court awarded to P $15,075, the remaining amount of P's downpayment
which D had retained, and $1,371.83 in damages for P's lost commission on the cattle not
delivered. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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