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DANGERFIELD v. MARKEL

Civ. No. 9277-A.

278 N.W.2d 364 (1979)

David E. DANGERFIELD, d/b/a Dangerfield Potato Company, Plaintiff and Appellee and Cross-Appellant, v. Dean MARKEL, Defendant and Appellant and Cross-Appellee.

Supreme Court of North Dakota.

April 12, 1979.

Attorney(s) appearing for the Case

Shaft, McConn, Fisher and Thune, Grand Forks, for plaintiff and appellee and cross-appellant; argued by Patrick W. Fisher.

DePuy, O'Connor & Goulet, Grafton, for defendant and appellant and cross-appellee; argued by W. R. Goulet, Jr., Grafton.

ERICKSTAD, Chief Justice.

This appeal arises as a result of our decision in Dangerfield v. Markel, 252 N.W.2d 184 (N.D.1977), in which we held that Markel, a potato grower, breached a contract with Dangerfield, a potato broker, to deliver potatoes, thus giving rise to damages under the Uniform Commercial Code. On remand the district court awarded Dangerfield $47,510.16 in damages plus interest and costs less an award to Markel...

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