TOWER CITY GRAIN CO. V. RICHMAN
232 N.W.2d 61 (1975)
NATURE OF THE CASE: Richman (D) appealed a judgment ordering the specific performance of
a contract for the sale of grain to Tower (P).
FACTS: D entered into an oral contract to sell 10,000 bushels of 58-pound test weight
wheat to P. D contend that the sale price was to be $2.24 per bushel and that the contract
was entered into on or about December 15, 1972. P contends that the sale price was $2.25 per
bushel and that the date of the contract was January 2, 1973, the same date that the grain
was resold to a third party. It is undisputed that there was no date set for the delivery of
the grain. Delivery was to be made upon availability of storage or rail transportation. P
requested that D deliver the grain in fulfillment of the contract. D testified that they
made repeated inquiries throughout the spring and summer of 1973 concerning the delivery of
the grain. On each of these occasions, Ds were told either that they were next on the list
or that the elevator was full and no boxcars were available for shipment. D refused to
deliver the 10,000 bushels of wheat to P because the delay in calling for delivery of the
grain constituted a breach of the contract. The trial court ordered specific performance and
D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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