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DANGERFIELD v. MARKEL

Civ. No. 9277.

252 N.W.2d 184 (1977)

David E. DANGERFIELD, d/b/a Dangerfield Potato Company, Plaintiff and Appellant, v. Dean MARKEL, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied April 25, 1977.

Attorney(s) appearing for the Case

Shaft, McConn & Fisher, Grand Forks, for plaintiff and appellant; argued by Patrick W. Fisher, Grand Forks.

DePuy & O'Connor, Grafton, for defendant and appellee; argued by W. R. Goulet, Jr., Grafton.

PEDERSON, Justice.

Dangerfield, a potato broker, appeals from a judgment of the district court of Walsh County which dismissed his amended complaint and awarded Markel, a potato grower, damages on a counterclaim for payments withheld, plus damages for breach of contract. We reverse and remand.

The complaint alleged that Markel had breached a contract to sell Dangerfield 25,000 cwt. of potatoes during the 1972-1973 shipping season. It also alleged that Markel...

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