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RUSH JOHNSON FARMS, INC. v. MO. FARMERS ASS'N

No. KCD 28343.

555 S.W.2d 61 (1977)

RUSH JOHNSON FARMS, INC., a corporation, Plaintiff-Appellant, v. MISSOURI FARMERS ASSOCIATION, INC., a Missouri Corporation, Defendant-Respondent.

Missouri Court of Appeals, Kansas City District.

August 8, 1977.

Attorney(s) appearing for the Case

Harry L. Porter, Marceline, for plaintiff-appellant.

Jack Lukehart, Brunswick, for defendant-respondent.

Before SOMERVILLE, P. J., and WASSERSTROM and TURNAGE, JJ.

TURNAGE, Judge.

This case presents for the first time in Missouri the question of whether or not a farmer may be considered a "merchant" under the Uniform Commercial Code, § 400.2-201, RSMo 1969.

Rush Johnson Farms, Inc., brought suit against Missouri Farmers Association, Inc., (MFA) for $4,094.60 which Johnson claimed to be the balance due for soybeans sold to MFA. MFA defended on the ground Johnson had entered into a contract for the delivery of 6,000...

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