DECATUR COOPERATIVE ASSOCIATION v. URBAN

No. 47,877

219 Kan. 171 (1976)

547 P.2d 323

THE DECATUR COOPERATIVE ASSOCIATION, a Corporation, Appellant, v. FRANKLIN URBAN, Appellee.

Supreme Court of Kansas.

Opinion filed March 6, 1976.


Attorney(s) appearing for the Case

Stan Morgan, of Wolfe and Morgan, of Oberlin, argued the cause and was on the brief for the appellant.

Robert J. Lewis, Jr., of Lewis, and Beims, of Atwood, argued the cause and was on the brief for the appellee.

David W. Dewey, of Wichita, was on the brief amicus curiae for the Wichita Bank For Cooperatives.


The opinion of the court was delivered by

HARMAN, C.:

This action was brought to obtain possession of 10,000 bushels of wheat allegedly purchased under an oral contract, or alternatively, for damages for failure to deliver the wheat. The primary issue is whether the alleged seller, a farmer, was a "merchant" within the meaning of the uniform commercial code so as to remove the oral contract from operation of the statute of frauds. A secondary issue is whether...

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