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MERWIN v. ZIEBARTH

Civ. No. 9269.

252 N.W.2d 193 (1977)

Morris MERWIN et al., Plaintiffs and Appellees, v. Silver ZIEBARTH, Defendant and Appellee, Kenneth Olson and Ole A. Tenold, Defendants and Appellants, and Gary McKechney, Defendant.

Supreme Court of North Dakota.

Rehearing Denied April 25, 1977.

Attorney(s) appearing for the Case

Reichert, Howe, Hardy, Moench, Galloway & Jorgensen, P. C., Dickinson, for plaintiffs and appellees; argued by Dale W. Moench, Dickinson.

Maurice R. Hunke, Dickinson, for defendant and appellee.

Mackoff, Kellogg, Kirby & Kloster, P. C., Dickinson, for defendants and appellants; argued by Gordon W. Schnell, Dickinson.

Forsgren & Stefonowicz, Crosby, for Ole A. Tenold; argued by F. Leslie Forsgren, Crosby.

ERICKSTAD, Chief Justice.

This is a case involving the interpretation and enforceability of a contract for the sale of cattle. The Uniform Commercial Code, Title 41, N.D.C.C., is controlling as to a majority of the issues.

David Merwin, Morris Merwin, and Roger Wilson are partners in Merwin Farms, a ranching and cattle-feeding business located at Haynes, North Dakota. As David Merwin acted for this partnership in the transactions giving rise to this case,...

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