ELGIN MILLS, INC. v. HOFFMAN

No. 41465.

264 N.W.2d 438 (1978)

200 Neb. 598

The ELGIN MILLS, INC., a corporation, Appellee, v. Omer HOFFMAN, Appellant.

Supreme Court of Nebraska.

April 12, 1978.


Attorney(s) appearing for the Case

Brogan & Stafford, P.C., Norfolk, for appellant.

Deutsch, Jewell, Otte, Gatz, Collins & Domina, Norfolk, for appellee.

Heard before SPENCER, BOSLAUGH and WHITE, JJ., RIST and KELLY, District Judges.


KELLY, District Judge.

This action was commenced in the District Court for Antelope County. The action was tried before a jury on the 17th day of March 1977. Plaintiff brought suit against the defendant on a written contract for the sale and purchase of grain. The contract was entered into May 29, 1974. The defendant agreed to sell to the plaintiff 50,000 bushels of No. 2 yellow corn at an agreed price of $2.20 per bushel.

The plaintiff, a grain elevator located...

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