RUGBY MILLING CO. v. LOGOSZ

Civ. No. 9340.

261 N.W.2d 662 (1977)

RUGBY MILLING COMPANY, Plaintiff and Appellee, v. Sam LOGOSZ, Defendant and Appellant.

Supreme Court of North Dakota.

December 19, 1977.


Attorney(s) appearing for the Case

Paul G. Kloster, of Mackoff, Kellogg, Kirby & Kloster, Dickinson, for plaintiff and appellee.

Dann E. Greenwood, of Greenwood, Greenwood & Greenwood, Dickinson, for defendant and appellant.


VOGEL, Justice.

This is an appeal from a summary judgment on a promissory note executed by the defendant Logosz, a farmer, in favor of Rugby Milling Company, owner and operator of a grain elevator.

We affirm.

Logosz asserts that the trial judge erred in granting Rugby Milling's motion for summary judgment, and particularly in ruling that Logosz failed to affirmatively plead failure of consideration and in ruling that a stipulation and judgment of dismissal...

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