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REGAN FARMERS UNION CO-OP. v. SWENSON

Civ. No. 9285.

253 N.W.2d 327 (1977)

REGAN FARMERS UNION COOPERATIVE, a Cooperative Corporation, Plaintiff and Appellee, v. Robert SWENSON, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied May 12, 1977.

Attorney(s) appearing for the Case

C. J. Schauss, Mandan, for plaintiff and appellee.

William A. Strutz and Gary R. Wolberg, of Fleck, Mather, Strutz & Mayer, Bismarck, for defendant and appellant; argued by William A. Strutz, Bismarck.

ERICKSTAD, Chief Justice.

In this case we are asked to overturn an order of the district court for Burleigh County granting a new trial.

A contract was entered into on or about September 25, 1972, between Robert Swenson and the Regan Farmers Union Cooperative, wherein Swenson agreed to sell to the Cooperative 27,500 bushels of durum wheat at the agreed price of $1.93 per bushel to be delivered to the Cooperative...

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