Sand Seed Service, Inc. v. Bainbridge

Decision Date17 November 1976
Docket NumberNo. 2--57518,2--57518
Citation246 N.W.2d 911
Parties20 UCC Rep.Serv. 654 SAND SEED SERVICE, INC., Appellee, v. Dudley BAINBRIDGE, Appellant.
CourtIowa Supreme Court

Larson, Bindner & Skinner, Paullina, for appellant.

Charles F. Knudson, Marcus, for appellee.

Submitted to MOORE, C.J., and RAWLINGS, REES, REYNOLDSON and HARRIS, JJ.

MOORE, Chief Justice.

Defendant-farmer appeals $10,800 judgment to plaintiff-elevator company for breach of a written corn sale contract. We affirm.

On January 3, 1973 the parties entered into a written contract for the sale and delivery of $9,000--11,000 bushels of corn for $1.30 per bushel. Defendant Bainbridge was to make delivery in February but the contract specifically stated the 'failure to deliver above grain within specified time does not cancel this contract, when delivery is not made according to contract, we reserve the right to extend time of delivery or cancel the contract.'

The corn was never delivered by Bainbridge. He testified he made repeated requests to deliver the corn between February and May, but that plaintiff's mannager, Merle Sand, refused acceptance and thus he was excused for nonperformance of his contract obligations. He testified he had been to the elevator at various times on other business and had known other farmers who delivered corn during this period. On one such occasion Bainbridge has delivered on a separate soybean contract.

Sand testified Bainbridge had requested delivery in February but did not insist on it and therefore he had extended time for delivery due to the exigencies of the grain business. He stated the trade practice is to execute grain contracts but to leave delivery flexible for producers and that in over thirty years of business he had cancelled such contracts in only three instances.

Sand further testified that he first learned Bainbridge would not deliver the corn when on August 13, 1973 Bainbride stopped at the company office and said, 'I hate to tell you this, but I am not going to deliver it.' Sand stated he asked Bainbridge to reconsider his decision and 'let me know what his final decision was.' The next day Bainbridge called and repeated he would not deliver the corn. Thereafter plaintiff-company demanded payment at the August 14 price and proceeded to 'cover' the contract with a contract purchase of 8000 bushels of corn at $2.65 per bushel from another producer in order to mitigate damages.

Near the end of the trial court's findings of fact and conclusions of law the court found:

'Under the facts and law it is the conclusion of The Court that there is a complete failure of evidence to show a valid excuse for non-performance by the defendant seller of the contract sued upon. As originally stated in this opinion in cases cited in support thereof, The Court feels that the defendant in this case in seeking to escape his contractual obligations has not established his good faith in refusing to perform the agreement he entered into, and is therefore liable for any damages suffered by the plaintiff buyer in this cause of action.'

On this appeal appellant Bainbridge asserts (1) he had made a valid tender of delivery, (2) plaintiff had breached the contract by failure to accept delivery, (3) if he had breached the contract it was on May 15 and not on August 14, 1973 and (4) that there is insufficient evidence to support the above quoted conclusion.

I. In this law action the fact findings of the trial court have the effect of a special verdict and if supported by substantial evidence they are binding on us and will not be disturbed. Furthermore, we view the evidence in a light most favorable to the judgment. Rule 344(f)(1); Gordon v. Pfab, Iowa, 246 N.W.2d 283 (1976); Hayes v. Hettinga, Iowa, 228 N.W.2d 181, 182; Farmers Insurance Group v. Merryweather, Iowa, 214 N.W.2d 184, 186. However, these rules do not preclude inquiry into the question whether the trial court applied erroneous rules of law which materially affect its decision. We are not bound by the trial court determinations of law. Whewell v. Dobson, Iowa, 227 N.W.2d 115, 117; Farmers Insurance Group, supra, at 187.

II. The trial court in resolving the issue of tender properly...

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12 cases
  • North Dakota Public Service Com'n v. Valley Farmers Bean Ass'n
    • United States
    • North Dakota Supreme Court
    • March 27, 1985
    ...any notification reasonably necessary to enable him to take delivery. See Sec. 41-02-51(1)(2-503), N.D.C.C.; Sand Seed Service, Inc. v. Bainbridge, 246 N.W.2d 911 (Iowa 1976); 3 R. Anderson, Uniform Commercial Code Sec. 2-503:4 (3d ed. In this case, VFBA had physical possession of the beans......
  • Sandhorst v. Mauk's Transfer, Inc.
    • United States
    • Iowa Supreme Court
    • April 20, 1977
    ...affected the decision. We are not bound by the trial court determinations of law. Rule 344(f) 1, R.C.P.; Sand Seed Service, Inc. v. Bainbridge, Iowa, 246 N.W.2d 911, 912 and II. Mauk's first vigorously asserts the trial court erred in overruling its pretrial motion, motion for directed verd......
  • Northwestern Nat. Ins. Co. v. Raid Quarries Corp., 2--57449
    • United States
    • Iowa Supreme Court
    • January 19, 1977
    ...are not bound by trial court's determinations of law. See Nora Springs Cooperative Company v. Brandau, supra; Sand Seed Service, Inc. v. Bainbridge, 246 N.W.2d 911 (Iowa 1976); Whewell v. Dobson, 227 N.W.2d 115, 117 (Iowa 1975). And this court will neither weigh the evidence nor pass on cre......
  • Crowder v. Aurora Co-op. Elevator Co.
    • United States
    • Nebraska Supreme Court
    • September 5, 1986
    ...fulfill all the conditions imposed on a tendering party, is necessary to constitute "tender" under § 2-503. Cf. Sand Seed Service, Inc. v. Bainbridge, 246 N.W.2d 911 (Iowa 1976) (although a seller may not be required to actually haul contracted grain to an elevator for an effective tender o......
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