HUBBARD MILLING CO. v. FRAME

No. 13207.

310 N.W.2d 155 (1981)

HUBBARD MILLING COMPANY, Plaintiff and Appellee, v. Duane FRAME, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 9, 1981.


Attorney(s) appearing for the Case

George Beal, Rapid City, for plaintiff and appellee.

Duane Frame, pro se.


WOLLMAN, Chief Justice.

This is an appeal from the grant of summary judgment in favor of appellee. We reverse and remand.

The dispute arose as an action for recovery of alleged damages by appellee under an oral contract for the purchase of appellant's wheat. On August 25, 1978, appellant stored 1,900 bushels of winter wheat with appellee in its facility in Kadoka. A negotiable storage ticket was issued to appellant. Appellant then borrowed money from the Pennington...

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