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FARMLAND SERVICE COOP., INC. v. JACK

No. 40572.

242 N.W.2d 624 (1976)

196 Neb. 263

FARMLAND SERVICE COOP., INC., a Cooperative Corporation, Appellant, v. Robert JACK and Willard Jack, Appellees.

Supreme Court of Nebraska.

May 26, 1976.

Attorney(s) appearing for the Case

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

Stewart & Stewart, Lexington, for appellees.

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

BOSLAUGH, Justice.

This is an action for damages for breach of contracts to sell corn. The plaintiff is a cooperative company which is engaged in the marketing of grain and operates an elevator at Gothenburg, Nebraska. The defendants operate farms in Frontier County, Nebraska.

On May 1, 1973, the defendants agreed to sell 40,000 bushels of No. 2 grade yellow corn to the plaintiff at $1.45 per bushel for delivery between May 1, 1973, and August 31, 1973. On...

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