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BARTLETT & CO., GRAIN v. CURRY

No. 48,188

1 Kan. App. 2d 242 (1977)

563 P.2d 1096

BARTLETT AND COMPANY, GRAIN, Appellant, v. E.O. CURRY, Appellee.

Court of Appeals of Kansas.

Opinion filed April 29, 1977.

Attorney(s) appearing for the Case

Michael W. Lerner, of Stinson, Mag, Thomson, McEvers and Fizzell, of Kansas City, Mo., and Sam. W.G. Lowe, of Lowe and Willoughby, of Colby, for the appellant.

Charles A. Sparks, Jr., of Sparks, Foust and Vignery, of Goodland, and J. Ronald Vignery of the same firm, for the appellee.

Before HARMAN, C.J., ABBOTT and PARKS, JJ.

HARMAN, C.J.:

This is an action by a grain company against a farmer for breach of contract for the sale of 60,000 bushels of wheat. Damages were sought in the sum of $74,816.24 for 25,621 bushels not delivered. In trial to the court the farmer prevailed and this appeal ensued.

Many of the facts in the case were not in dispute — a few were. Plaintiff Bartlett and Company, Grain, buys and sells grain. Defendant E.O. Curry is a wheat farmer. On November...

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