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KOHLES v. ST. PAUL FIRE & MARINE INSURANCE COMPANY

No. 10733.

396 P.2d 724 (1964)

Wilbur C. KOHLES, Plaintiff and Appellant, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, a Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided November 20, 1964.

Attorney(s) appearing for the Case

James A. Nelson and Rae V. Kalbfleisch, Shelby, for appellant.

Ward A. Shanahan, Weir, Gough & Booth, Helena, for respondent.

CASTLES, Justice.

This is an appeal from a summary judgment for St. Paul Fire & Marine Insurance Company, defendant and respondent, and against Wilbur C. Kohles, plaintiff and appellant.

Wilbur C. Kohles, plaintiff, made a written contract on April 4, 1960, with E.L. McDonnell & Co., hereinafter referred to as McDonnell, for the sale and delivery of between 200,000 and 300,000 pounds of oriental mustard seed at $5.75 per hundred pounds. At the time...

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