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LUCKSINGER v. SALISBURY

No. 2572

72 Wyo. 164 (1953)

262 P.2d 396

M.B. LUCKSINGER and HARRY L. TEMPLE, Plaintiffs and Respondents, vs. GEORGE R. SALISBURY, JR., Defendant and Appellant.

Supreme Court of Wyoming

October 27, 1953

Attorney(s) appearing for the Case

For the defendant and appellant the cause was submitted upon the brief and also oral argument of Harold M. Johnson of Rawlins, Wyoming.

For the plaintiffs and respondents the cause was submitted upon the brief and also oral argument of Eph U. Johnson, Rawlins, Wyoming.

OPINION

HARNSBERGER, Justice.

This matter comes before us by the direct appeal of the defendant below from a judgment finding generally for the plaintiffs and awarding them $752.00 and costs amounting to $37.44.

In an amended petition the plaintiff's first cause of action alleged that in the spring of 1949 it was orally agreed between the parties that plaintiffs would sell and defendant would buy for the sum of $20 per ton in the windrows,

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