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CARGILL INC., COMMODITY MARKETING DIV. v. HALE

No. 10178.

537 S.W.2d 667 (1976)

CARGILL INCORPORATED, COMMODITY MARKETING DIVISION, Plaintiff-Respondent, v. Duncan HALE, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

Motions for Rehearing or Transfer Denied June 2, 1976.

Application to Transfer Denied July 12, 1976.

Attorney(s) appearing for the Case

James D. Sickal, Blanton, Blanton, Rice & Sickal, Sikeston, for plaintiff-respondent.

Robert A. Dempster, Phillip J. Barkett, Jr., Dempster, Yokley, Fuchs & Barkett, Sikeston, for defendant-appellant.

Before BILLINGS, C. J., and HOGAN and FLANIGAN, JJ.

Motions for Rehearing or Transfer to Supreme Court Denied June 2, 1976.

BILLINGS, Chief Judge.

Plaintiff was awarded damages by a jury for the defendant's breach of contract to sell 9000 bushels of soybeans. The trial court rejected defendant's contention that the statute of frauds contained in § 400.2-201, RSMo 1969, barred plaintiff's enforcement of the contract. We affirm.

Plaintiff operates a grain elevator at New Madrid, Missouri, and buys...

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