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FARMERS COOP. ASS'N v. DOBITZ

No. 11701.

240 N.W.2d 116 (1976)

FARMERS COOPERATIVE ASSOCIATION, a South Dakota Cooperative, Plaintiff and Appellant, v. Carl DOBITZ, Defendant and Respondent.

Supreme Court of South Dakota.

Decided March 30, 1976.

Attorney(s) appearing for the Case

Newell E. Krause, of Lakeman & Krause, Mobridge, for plaintiff and appellant.

Curtis W. Hanks, Lemmon, for defendant and respondent.

DUNN, Chief Justice.

This is an appeal from a judgment of the Circuit Court of the Eighth Judicial Circuit, dated April 28, 1975, relieving defendant Dobitz from the terms of a contract dated June 12, 1973, requiring him to sell 10,000 bushels of wheat to the plaintiff elevator at a fixed price. Plaintiff contends that the trial court erred in finding that the words "to August Delivery" were vague and ambiguous, and then concluding that this phrase meant up to the...

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