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CARGILL, INC. v. STAFFORD

Nos. 76-1155 and 76-1156.

553 F.2d 1222 (1977)

CARGILL, INCORPORATED, Plaintiff-Appellant and Cross-Appellee, v. Van STAFFORD, d/b/a Stafford Elevator, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided April 27, 1977.

Attorney(s) appearing for the Case

Thomas L. Roberts, Denver, Colo. (Peter W. Pryor, Walberg & Pryor, Denver, Colo., was with him on the brief), for plaintiff-appellant and cross-appellee.

Carl M. Shinn, Lamar, Colo., for defendant-appellee and cross-appellant.

Before LEWIS, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This diversity jurisdiction case relates to two transactions for the sale of wheat by defendant Stafford to plaintiff Cargill. The court denied recovery on the first and allowed recovery on the second. Both parties have appealed. We affirm except as to the amount of damages recoverable from the second transaction.

Cargill is a cash merchandiser of agricultural commodities. Stafford owns and operates a country grain elevator under...

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