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FARMERS UNION COOPERATIVE ELEVATOR FED. v. CARTER

No. 32687.

40 N.W.2d 870 (1950)

152 Neb. 266

FARMERS UNION COOPERATIVE ELEVATOR FEDERATION v. CARTER.

Supreme Court of Nebraska.

January 27, 1950.

Attorney(s) appearing for the Case

William Keeshan, Albion, Wear & Boland, Omaha, for appellant.

Earl Hasselbalch, St. Edward, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

SIMMONS, Chief Justice.

Plaintiff sued for damages for failure of defendant to deliver corn pursuant to an oral contract. Defendant filed a general demurrer which the trial court sustained on the ground that the action was barred by the statute of frauds. Section 69-404, R.S.1943. Plaintiff appeals. We reverse the judgment of the trial court.

Plaintiff pleaded that on September 22, 1947, the defendant orally opened a trading account with the plaintiff for...

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