Heuer v. Wiese

About July 8, 1951, the plaintiff Ernest Heuer and the defendant Marvin Wiese, entered into an oral contract whereby Heuer agreed to sell, and Wiese agreed to buy for $600 a clover crop then standing on Heuer’s field. Wiese paid $100 to Heuer, and the balance was to be paid before the crop was cut by Heuer for Wiese. Heuer agreed to cut the crop when requested by Wiese, and Heuer cut the crop about July 31, 1951. On July 15th Wiese paid an additional $100 to Heuer. Defendant’s answer alleges a waiver of the requirement of full payment before the crop was cut. After Heuer cut the crop, he…