Hansen-Mueller Co. v. Gau

The threat of Missouri River flooding during the spring and summer of 2011 prevented grain-dealer Hansen-Mueller from accepting farmer Scott Gau’s corn at its Council Bluffs elevator during the delivery time specified in the contract. Hansen-Mueller refused Gau’s offer to deliver the corn to an alternative location. When Gau cancelled the contract, Hansen-Mueller sued for damages. The district court granted Gau’s motion for partial summary judgment. Hansen-Mueller appeals, arguing Gau did not tender the corn for delivery and did not have the right to cancel the contract. Because we find Gau’s…