IN RE AUGUSTIN BROS. CO.

No. 71-1506.

460 F.2d 376 (1972)

In the Matter of AUGUSTIN BROS. CO., Debtor. WRIGHT GRAIN COMPANY, Appellant, v. AUGUSTIN BROS. CO., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 17, 1972.


Attorney(s) appearing for the Case

Herman Ginsburg, Lincoln, Neb., for appellant.

Paul F. Festersen, Omaha, Neb., for appellee.

Before BREITENSTEIN, BRIGHT and STEPHENSON, Circuit Judges.


BRIGHT, Circuit Judge.

In this appeal brought by a seller of goods, we are asked by the seller to apply equitable principles to permit the enforcement of an oral contract which comes within the express terms of the Uniform Commercial Code Statute of Frauds, U.C.C. § 2-201, Neb.Rev.Stat. § 2-201 (1971). We deny the seller's claim.

Appellant, Wright Grain Company (Seller-Wright or Wright), operates a grain elevator in David City, Nebraska, its principal...

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