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SEBASTY v. PERSCHKE

No. 3-1079A294.

404 N.E.2d 1200 (1980)

Kenneth SEBASTY, Defendant-Appellant, v. Kurt PERSCHKE, d/b/a Perschke Hay and Grain, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied August 25, 1980.

Attorney(s) appearing for the Case

Edward Olczak, South Bend, Harrison, Moberly & Gaston, Indianapolis, for defendant-appellant.

Robert W. Mysliwiec, South Bend, for plaintiff-appellee.

GARRARD, Presiding Judge.

Appellee Kurt Perschke, d/b/a Perschke Hay and Grain, is a grain broker whose business involves the buying and selling of grain. He brought this action against appellant Kenneth Sebasty, a farmer, for damages arising from the breach of an oral contract to purchase wheat entered into on September 28, 1972. The contract allegedly provided that Perschke would purchase 14,000 bushels of wheat at $1.95 per bushel to be picked up on Sebasty's farm...

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