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FARMERS COOPERATIVE ASS'N OF CHURCHS FERRY v. COLE

Civ. No. 9139.

239 N.W.2d 808 (1976)

FARMERS COOPERATIVE ASSOCIATION OF CHURCHS FERRY, a North Dakota Cooperative Association Corporation, Plaintiff and Appellant, v. Elmer COLE, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied April 5, 1976.

Attorney(s) appearing for the Case

Ackre & Britton, Cando, and Neil B. Dieterich, Minneapolis, Minn., for plaintiff and appellant; argued by Neil B. Dieterich.

Traynor & Rutten, Devils Lake, for defendant and appellee; argued by John T. Traynor.

PEDERSON, Judge.

This is an appeal from an order granting a motion for judgment notwithstanding the verdict. We affirm the order, and remand for vacation of the judgment on the verdict and for entry of a judgment of dismissal.

Farmers Cooperative Association of Churchs Ferry is an elevator association engaged in buying and reselling grain. Undisputed facts are that Robert Kringlen, manager of the elevator association, was invited to deal with Elmer Cole by...

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