Johnson

Case Brief Issue: This is a case of first purpose in the State of Missouri and the bonk is whether or not a farmer may be considered a merchandiser under the Uniform Commercial Code. (Note: If Johnson (farmer) is classified as a merchant then he is held to a higher bar and evidence of the oral contract is admissible.) Facts: Johnson, farmer, owned two farms and was the agriculturalist of soybeans. Johnson routinely sold soybeans to grain elevators similar to the Missouri Farmers connection (MFA), defendant. On January 2, 1973 Johnson concord to transport his soybeans to MFA at $4.02 a bushel, with the entire number of bushels to be provided by Johnson in dispute. Johnson testified that he agreed to sell between 5,000 and 6,000 bushels while MFA testified that the agreement was for a delimit quantity of 6,000 bushels. MFA mailed a written contract to Johnson indicating that Johnson would sell 6,000 bushels at $4.02 per bushel. Johnson ac acquaintances receiving the contract and testified that he threw it away. Johnson delivered something less than 6,000 bushels. Procedural write up/Trial tourist court Holding: Johnson sued MFA in the Circuit Court of Chariton County for $4,094.60, which Johnson claimed to be the balance due for soybeans sold to MFA.

MFA argued that it was entitled to fulfil the money because Johnson did not provide 6,000 bushels of soybeans, as required by the contract. Johnson argued that the agreement was oral and therefore inadmissible. MFA responded by stating that Johnson was a merchant under 2-104 and therefore the oral agreement was admissible. The jury install that Johnson came within the meaning of the word merchant and returned a verdict in favor of MFA. Analysis: The UCC provision at issue in this case is § 2-104. In § 2-104 a merchant is defined as a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the... If you want to get a full essay, order it on our website: Ordercustompaper.com

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