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JAMESTOWN TERMINAL ELEVATOR, INC. v. HIEB

Civ. No. 9198.

246 N.W.2d 736 (1976)

JAMESTOWN TERMINAL ELEVATOR, INC., Plaintiff-Appellee, v. Archie HIEB, Defendant-Appellant.

Supreme Court of North Dakota.

November 5, 1976.

Attorney(s) appearing for the Case

Hjellum, Weiss, Nerison, Jukkala & Vinje, Jamestown, for appellant; argued by Gerald W. Jukkala, Jamestown.

MacKenzie & Jungroth, Jamestown, for appellee; argued by James R. Jungroth, Jamestown.

PAULSON, Justice.

This is an appeal by the defendant, Archie Hieb. Hieb appeals from the final judgment of the district court of Stutsman County awarding damages to Jamestown Terminal Elevator, Inc., a corporation [hereinafter Terminal], for breach of a contract to deliver grain; and from the order denying the motion for judgment notwithstanding the verdict or in the alternative for a new trial. The matter was tried before a jury to whom special verdicts were submitted...

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