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CARGILL, INCORPORATED v. THIBAULT MILLING COMPANY

No. 5-1857.

328 S.W.2d 362 (1959)

CARGILL, INCORPORATED, Appellant, v. THIBAULT MILLING COMPANY, Appellee.

Supreme Court of Arkansas.

As Amended on Denial of Rehearing November 23, 1959.

Attorney(s) appearing for the Case

Mehaffy, Smith & Williams, Little Rock, for appellant.

Wright, Harrison, Lindsey & Upton, Little Rock, for appellee.

WARD, Justice.

On July 26, 1955, appellee, Thibault Milling Company, placed an order with appellant, Cargill, Incorporated, for 2,000 bushels of corn. There was no written contract but it is agreed by all parties that the offer by appellee and acceptance by appellant did constitute a contract, the essential terms of which were as follows: The price was to be $1.66 a bushel delivered at Little Rock and the grain was to be "shipped from Chicago" not later than July...

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