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HAYS v. MOSCOW ALFALFA PRODUCTS, INC.

No. 47,677

217 Kan. 184 (1975)

535 P.2d 461

LARRY HAYS, Appellee, v. MOSCOW ALFALFA PRODUCTS, INC., Appellant.

Supreme Court of Kansas.

Opinion filed May 10, 1975.

Attorney(s) appearing for the Case

Jeff Johnson, of Brollier and Wolf, of Hugoton, argued the cause, and Paul A. Wolf, of the same firm, was with him on the brief for the appellant.

Lelyn J. Braun, of Braun and Nyswonger, of Garden City, argued the cause and was on the brief for the appellee.

Per Curiam:

Plaintiff-appellee (Larry Hays) entered into a purchase money contract with defendant-appellant (Moscow Alfalfa Products, Inc.) for 5000 tons of alfalfa pellets to be delivered between June 1, 1972, and June 1, 1973. In his action for damages plaintiff alleges he received 1496 tons of alfalfa pellets, and defendant refuses to deliver the balance of 3504 tons. As an affirmative defense, defendant alleged that performance became impossible and impracticable...

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