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TONGISH v. THOMAS

No. 66,771

251 Kan. 728 (1992)

840 P.2d 471

DENIS V. TONGISH, Appellee, v. DANNY THOMAS, d/b/a NORTHWEST SEED, Defendant, and DECATUR COOP ASSOCIATION, Third-Party Intervenor/Appellant.

Supreme Court of Kansas.

Opinion filed October 30, 1992.

Attorney(s) appearing for the Case

Charles A. Peckham, of Brown, Creighton & Peckham, of Atwood, argued the cause and was on the briefs for third-party intervenor/appellant.

H. Scott Beims, of Lewis & Beims, of Atwood, argued the cause and was on the briefs for appellee.

H. David Starkey, of Lowe, Starkey & Gatz, of Colby, was on the brief for amicus curiae Kansas Grain and Feed Association.

The opinion of the court was delivered by

McFARLAND, J.:

This case presents the narrow issue of whether damages arising from the nondelivery of contracted-for sunflower seeds should be computed on the basis of K.S.A. 84-1-106 or K.S.A. 84-2-713. That is, whether the buyer is entitled to its actual loss of profit or the difference between the market price and the contract price. The trial court awarded damages on the...

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