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FARMLAND SERV. COOP, INC. v. KLEIN

No. 40573.

244 N.W.2d 86 (1976)

196 Neb. 538

FARMLAND SERVICE COOP, INC., a Cooperative Corporation, Appellant, v. Raymond D. KLEIN et al., Appellees.

Supreme Court of Nebraska.

July 14, 1976.

Attorney(s) appearing for the Case

Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, for appellant.

Padley & Dudden, P.C., James M. Tyler, Ogallala, for appellees.

Heard before WHITE, C.J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.

SPENCER, Justice.

Plaintiff seeks damages for the breach of an oral agreement to sell 90,000 bushels of corn. The District Court sustained a motion for summary judgment on the ground that the plaintiff's action was barred by the statute of frauds. Plaintiff premises this appeal on its theory that fact issues are present which are not determinable at a hearing on a motion for summary judgment. We affirm.

Plaintiff-appellant, Farmland Service Coop, Inc., hereinafter...

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