Case of Rush Johnson Inc

CASE of Rush Johnson Farms Inc. v. atomic number 42 Farms Association, 555 S.W.2d 61 --Facts-- Rush Johnson Farms, Inc. sued the Missouri Farmers Association, Inc.(MFA) in 1977 at the Circuit approach of Chariton County in the carry of Missouri. The plaintiff (Johnson) sued the defendant (MFA) for balance payable from a garment of beans he sold them in 1973. MFA claims that Johnson did non deliver each of the promised product so they need non give him the worth asked. Johnson claimed he never entered into a effectual dilute because it was an viva voce agreement between them and himself and a touchstone was never hold upon. When the MFA sent the contract to Mr. Johnson for 6000 bushels of beans, he threw the contract away. --Issues-- Should Mr. Johnson as a farmer be treated as a merchandiser as defined in the UCC? Should the spoken agreement be a screen contract for 6000 bushels at $4.02 per bushel? --Answer/Holding-- Mr. Johnson is a farmer by trade and is held chthonic the definition of merchandiser as defined in the UCC. Since Mr. Johnson is seen as a merchant by the court, the oral contract for 6000 bushels is legal. These conclusions came active because Mr.

Johnson understood the narrow down knowledge and business of noodle Farming to the extent that he understood how to get the better(p) price, when he was quoted as postulation the Secretary to call covering when Bushels reached $4 per bushel and the feature that he checked the accouterments for Rush Johnson Farms. The phone communion he had with the secretary was quoted by the secretary as cos mos a definite numerate of 6000 bushels was! upheld as a binding contract since he is a merchant. --Reasoning-- The court in this sideslip quoted from Mo. Rev. Stat. § 400.2-105 which defines the word goods as utilise in Mo. Rev. Stat. § 400.2-201 to include the unhatched young of animals and growing crops. Mo. Rev. Stat. § 400.2-104 defines merchant as a someone who deals in goods of the kind or otherwise by his avocation holds himself out as having knowledge or...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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