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BURK v. EMMICK

Nos. 79-1976, 79-1977 and 79-2022.

637 F.2d 1172 (1980)

Willard BURK, Appellee, v. Bob EMMICK, d/b/a Emmick Cattle Company, Northwestern National Bank of Sioux City, Iowa, a corporation, Appellant. Willard BURK, Appellee, v. Bob EMMICK, d/b/a Emmick Cattle Company, Northwestern National Bank of Sioux City, Iowa, a corporation, Appellant. Willard BURK, Appellant, v. Bob EMMICK, d/b/a Emmick Cattle Company and Northwestern National Bank of Sioux City, Iowa, a corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 13, 1980.

Attorney(s) appearing for the Case

Edward Keane, Robert W. Green, Sioux City, Iowa, argued, Jacobs, Gaul, Nymann & Green, Sioux City, Iowa, for Northwestern Nat. Bank of Sioux City and Bob Emmick.

William J. Rawlings, Kindig, Beebe, Rawlings, Nieland & Killinger, Sioux City, Iowa, for Willard Burk.

Before LAY, Chief Judge, GIBSON, Senior Circuit Judge, and HEANEY, Circuit Judge.

HEANEY, Circuit Judge.

I

This appeal arises out of a transaction in which plaintiff Willard Burk contracted to sell approximately 950 head of yearling steers to defendant Bob Emmick, d/b/a Emmick Cattle Company. The terms of the sales contract provided that the buyer would make a $15,000 down payment and tender the balance upon delivery.

The contract was amended, postponing the delivery date and modifying the manner in which payment would...

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