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FRANKLIN GRAIN & SUPPLY CO. v. INGRAM

No. 76-35.

44 Ill. App.3d 740 (1976)

358 N.E.2d 922

FRANKLIN GRAIN & SUPPLY CO., Plaintiff and Counterdefendant-Appellant, v. CARL INGRAM, Defendant and Counterplaintiff-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed December 29, 1976.

Attorney(s) appearing for the Case

Joseph W. Hickman, of Benton, for appellant.

Elmer Jenkins and Jeff Troutt, both of Benton, for appellee.

Affirmed in part and modified in part.

Mr. JUSTICE JONES delivered the opinion of the court:

This was an action to recover the balance of the purchase price for approximately 10 tons of nitrogenous fertilizer sold and delivered to the defendant by the plaintiff. The defendant counterclaimed, alleging that the plaintiff failed to deliver and spread the fertilizer at an agreed-upon time — or within such...

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