Case Presentation: Gingerich vs. Protein Blenders


Protein Blenders, Inc., made a contract with Gingerich to buy from him the shares of stock of a small corporation. When the buyer refused to take and pay for the stock, Gingerich sued for specific performance of the contract on the ground that the value of the stock was unknown and could not be readily ascertained because it was not sold on the general market. Was he entitled to specific performance? [Gingerich v Protein Blenders, Inc., 95 NW2d 522 (Iowa)]

Protection Alarm Co. made a contract to provide burglar alarm security for Fretwel’s home. The contract stated that the maximum liability of the alarm company was the actual loss sustained or $50, whichever was the lesser, and that this provision was agreed to liquidated damages and not as a penalty. When Fretwell’shome was burglarized, he sued for the loss of approximately $12,000, claiming that the alarm company had been negligent. The alarm company asserted that its maximum liability was $50. Fretwell claimed that this was invalid because it bore no relationship to the loss that could have been foreseen when the contract was made or that in fact Chad been sustained. Decide.

2 pages

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