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  5. 267 N.W.2d 836 (1978)
 

BRADLEY GRAIN CO. v. PETERSON

Nos. 12179, 12180.

267 N.W.2d 836 (1978)

BRADLEY GRAIN CO., a South Dakota Corporation, Plaintiff and Appellant, v. James PETERSON, Defendant and Respondent, and Steve Thomas, Defendant and Respondent.

Supreme Court of South Dakota.

Decided July 13, 1978.

Attorney(s) appearing for the Case

David Gronbeck of Berg, Hacking & Berg, Minneapolis, Minn., Loucks, Oviatt, Bradshaw, Green & Schulz, Watertown, for plaintiff and appellant.

Raymond A. Gallagher of Gallagher & Battey, Redfield, for defendants and respondents.

MORGAN, Justice.

Appellant brought these actions to recover damages from respondents for failure to deliver grain in accordance with oral agreements entered into via telephone. Among the defenses interposed by the respondents was the illegality of the contracts under SDCL 38-14-5 and SDCL 38-14-6, and upon motion by the respondents, the trial court granted summary judgment in each of the cases based on this defense. From

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