Burgess v. Curly Olney's, Inc.

198 Neb. 153, 251 N.W.2d 888 (1977)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D agreed to sell P three used combines. The total sales price was $2,200. Two hundred dollars was given as a down payment, and P's were to take delivery at D's place of business in McCook, Nebraska. Almost three months later, P still had not taken delivery and D then informed them that their down payment was being returned. D then sold the combines and a hay baler for a total price of $3,400. P sued, and the court awarded them the $200 down payment as they had yet to cash D's check for the returned down payment. P appealed.