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EQUITY COOPERATIVE ASSOCIATION v. BILLMAYER

No. 12518.

517 P.2d 881 (1974)

EQUITY COOPERATIVE ASSOCIATION, Plaintiff and Respondent, v. Frank J. BILLMAYER, Defendant and Appellant.

Supreme Court of Montana.

Decided January 15, 1974.

Rehearing Denied January 29, 1974.

Attorney(s) appearing for the Case

Sias & Hendrickson, Chinook, Oscar Hendrickson, argued Chinook, for defendant and appellant.

Morrison, Ettien & Barron, Havre, Robert D. Morrison, argued, Havre, for plaintiff and respondent.

DALY, Justice.

Defendant Frank J. Billmayer brings this appeal from a judgment of the district court of Blaine County, entered on a jury verdict in the amount of $1,440 in favor of plaintiff, Equity Cooperative Association.

The litigants entered into a written contract on September 25, 1970, which provided for the sale of 20,000 bushels of barley at the price of $1.40 per 100 pounds for 48 pound barley or better. The contract signed by Frank J. Billmayer as...

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