Carlson v. Nelson

This is an action commenced in the county court of Keith County by the plaintiff Carlson, purchaser, against the defendant Nelson, seller, for money damages for the alleged breach of a contract of sale of a certain 1963 John Deere combine, model 55. The plaintiff sought damages measured by the loss of the benefit of his bargain, i.e., the excess of market value over contract price at the time he learned of the alleged breach, all as provided by section 2-713, U. C. C. The county court rendered judgment for the plaintiff in the amount of $3,136.76.

Upon appeal to the District Court, where the…