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NELSON v. GLASOE

Civ. No. 9091.

231 N.W.2d 766 (1975)

Leonard P. NELSON and Mathilda Nelson, copartners, d/b/a Nelson Grain Company, Plaintiffs and Appellees, v. Otis GLASOE, Defendant and Appellant.

Supreme Court of North Dakota.

June 24, 1975.

Attorney(s) appearing for the Case

Bjella & Jestrab, Williston, for plaintiffs and appellees, argued by Frank F. Jestrab, Williston.

McIntee & Whisenand, Williston, for defendant and appellant, argued by Frederick E. Whisenand, Jr., Williston.

VOGEL, Judge.

This is an appeal from a judgment granting to the plaintiff grain elevator operator (buyer) liquidated damages for nondelivery of grain under a written contract with the defendant farmer (seller).

The contract was executed and dated December 7, 1972. It called for the delivery of 9,000 bushels of spring wheat between April 1, 1973, and June 30, 1973, with the exact delivery date to be selected by the buyer, with at least two days' notice to be...

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