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McCUBBIN SEED FARM, INC. v. TRI-MOR SALES

No. 2-59147.

257 N.W.2d 55 (1977)

McCUBBIN SEED FARM, INC., Appellee, v. TRI-MOR SALES, INC., Appellant.

Supreme Court of Iowa.

August 31, 1977.

Attorney(s) appearing for the Case

Grefe & Sidney by Claude H. Freeman and Stephen D. Hardy, Des Moines, for appellants.

Mote, Wilson & Welp by Roger E. Harrison, Marshalltown, for appellee.

Heard by MOORE, C. J., and MASON, LeGRAND, REES, and UHLENHOPP, JJ.

UHLENHOPP, Justice.

This is an appeal from summary judgment for plaintiff McCubbin Seed Farm, Inc., in an action on an alleged contract for the sale by McCubbin of seed beans to defendant Tri-Mor Sales, Inc. Both parties are merchants.

As customary, McCubbin telephoned Tri-Mor on several occasions to inform it of the current market price of soybean seed and to inquire about Tri-Mor's requirements for the coming planting season. The parties disagree as to the...

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