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SAWYER FARMERS COOP. ASS'N v. LINKE

Civ. No. 9103.

231 N.W.2d 791 (1975)

SAWYER FARMERS COOPERATIVE ASSOCIATION, a North Dakota Corporation of Sawyer, North Dakota, Plaintiff/Appellee, v. Henry LINKE, Defendant/Appellant.

Supreme Court of North Dakota.

June 24, 1975.

Attorney(s) appearing for the Case

Jan M. Sebby, Pringle & Herigstad, Minot, for defendant and appellant.

Michael G. Sturdevant, Waldron, Kenner & Halvorson, Minot, for plaintiff and appellee.

PAULSON, Judge.

This is another in the continuing series of cases involving grain elevators, farmers, and grain purchase contracts and breach of such contracts due to rapidly rising market prices. In this case, the Sawyer Farmers Cooperative Association [hereinafter "the elevator"] sued Henry Linke, a farmer, for breach of a contract to sell to the elevator 5,000 bushels of durum wheat. Judgment was awarded the elevator by the Ward County District Court and Mr. Linke...

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