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CARGILL, INC. v. FICKBOHM

No. 2-58067.

252 N.W.2d 739 (1977)

CARGILL, INC., Appellant, v. John FICKBOHM, Appellee.

Supreme Court of Iowa.

April 20, 1977.

Attorney(s) appearing for the Case

Maynard M. Mohn, Rosendahl, Forsyth & Mohn, Estherville, for appellant.

Fitzgibbons Brothers by Leo E. Fitzgibbons and Harold W. White, Estherville, for appellee.

Heard by MOORE, C. J., and MASON, UHLENHOPP, HARRIS and McCORMICK, JJ.

UHLENHOPP, Justice.

This appeal involves the sufficiency of the evidence on damages in a jury-waived law action.

Viewing the evidence in the light most favorable to plaintiff Cargill, Inc., Rule 344(f)(2), Rules of Civil Procedure, the trier of fact could find that by telephone on November 30, 1972, the wife of defendant John Fickbohm, purporting to act for him, sold Cargill's Emmetsburg elevator 10,000 bushels of corn at $1.26 per bushel for delivery in June...

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