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KIMBALL CTY. GRAIN COOPERATIVE v. YUNG

No. 41330.

263 N.W.2d 818 (1978)

200 Neb. 233

KIMBALL COUNTY GRAIN COOPERATIVE, a corporation, Appellant, v. Earl YUNG, Appellee.

Supreme Court of Nebraska.

March 8, 1978.

Attorney(s) appearing for the Case

Fred J. Hurlbut, Kimball, for appellant.

O'Brien & Huenergardt, Kimball, for appellee.

Richard P. Nelson and William J. Morris, Lincoln, for amicus curiae The Nebraska Grain and Feed Dealers Association.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY, and WHITE, JJ.

BRODKEY, Justice.

Kimball County Grain Cooperative, plaintiff and appellant herein, brought this action against Earl Yung to recover damages for the breach of an oral contract to sell wheat. Plaintiff alleged that on July 26, 1973, the defendant orally agreed to sell it 15,000 bushels of wheat at the price of $3.10 per bushel for future delivery; that a written confirmation of the oral contract had been delivered to the...

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