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HASTINGS v. TOP CUT FEEDLOTS, INC.

No. L-10,891; SC 25468.

590 P.2d 1210 (1979)

285 Or. 261

Lee HASTINGS, Respondent, v. TOP CUT FEEDLOTS, INC., Appellant.

Supreme Court of Oregon.

Decided February 21, 1979.

Attorney(s) appearing for the Case

Alex M. Byler, Pendleton, argued the cause for appellant. With him on the briefs were Peter H. Wells, and Corey, Byler & Rew, Pendleton.

John W. Smallmon, Hermiston, argued the cause for respondent. With him on the brief were R. William Riggs of Willner, Bennett, Riggs & Bobbitt, Portland.

Before DENECKE, C.J., and HOLMAN, TONGUE, HOWELL, BRYSON and LENT, JJ.

Argued and Submitted at Pendleton October 31, 1978.

BRYSON, Justice.

Plaintiff brought this action to recover on a contract for the sale of corn silage which, in its various forms, is known as "green chop" and "pit silage." Some payment had been made under the contract; plaintiff sought judgment based on a reasonable value of $18 per ton for the silage or, alternatively, based on an agreed price of $18 per ton. Defendant asserted that it had paid the full...

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