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CARGILL, INC. v. KAVANAUGH

Civ. No. 9069.

228 N.W.2d 133 (1975)

CARGILL, INC., Plaintiff-Appellant, v. Patrick J. KAVANAUGH, Defendant-Appellee.

Supreme Court of North Dakota.

April 4, 1975.

Attorney(s) appearing for the Case

Haugland & Heustis, Devils Lake, for plaintiff-appellant; argued by John C. Haugland, Devils Lake.

R. C. Heinley, Carrington, for defendant-appellee.

SAND, Judge.

Plaintiff Cargill appeals from a judgment in its favor on the basis that such judgment is insufficient because improperly predicated, and from the trial court's denial of its motion for modification of judgment.

The parties are in agreement on the following facts: That

On October 20, 1972, the appellant Cargill entered into a written contract to buy 7,500 bushels of # 1 hard amber durum wheat from the appellee Patrick J. Kavanaugh, a...

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