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MOTT EQUITY ELEVATOR v. SVIHOVEC

Civ. No. 9126.

236 N.W.2d 900 (1975)

MOTT EQUITY ELEVATOR, Plaintiff and Appellant, v. Rudy SVIHOVEC, Defendant and Appellee.

Supreme Court of North Dakota.

December 17, 1975.

Attorney(s) appearing for the Case

Freed, Dynes, Malloy & Reichert, Dickinson, for plaintiff and appellant; argued by George T. Dynes.

Reichert, Hardy & Howe, Dickinson, for defendant and appellee; argued by Donald L. Jorgensen.

VOGEL, Justice.

This appeal arose from an action to recover damages for failure of the defendant, Rudy Svihovec, to deliver 4,000 bushels of grain to the plaintiff, Mott Equity Elevator. The plaintiff elevator (buyer) appeals from a judgment in favor of the defendant farmer (seller). The judgment of the trial court is affirmed.

The parties entered into a contract dated October 24, 1972. Joe Munch, manager of the plaintiff corporation, acted as agent for the...

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