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COOK v. WESTERN FIELD SEEDS, INC.

No. 9698.

429 P.2d 407 (1967)

T. L. COOK, Plaintiff-Respondent, v. WESTERN FIELD SEEDS, INC., a corp., Melvin R. Stolquist, Anne E. Stolquist and Norris E. Stolquist, individually and as Trustees of Western Field Seeds, Inc., a defunct corp., and Union Seed Co., Defendants, Union Seed Co., Defendant-Appellant.

Supreme Court of Idaho.

June 19, 1967.

Attorney(s) appearing for the Case

Schiller, Young & Williams, Nampa, and Richards, Haga & Eberle, Boise, for appellant.

Gigray, Boyd & Downen, Caldwell, for respondent.

McQUADE, Justice.

The real parties concerned in this appeal are Union Seed Co., appellant, and T. L. Cook, respondent.

On January 23, 1961, Western Field Seeds, Inc., purchased approximately 80,000 pounds of alfalfa seed from respondent. Part payment was made at the time of sale; for the balance, Western gave respondent its note, maturing on August 1, 1961, secured by two mortgages: one covering machinery and equipment supposedly located in Western's seed...

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