¶ This action arose out of defendant's failure to deliver to plaintiff in the spring of 1982, pursuant to a written agreement dated July 14, 1981, 25,000 pounds of "foundation redkloud red kidney bean seed" ("foundation seed") on a pro rata share of the available "foundation seed" due to plaintiff as a result of his membership in the defendant cooperative. Accompanying plaintiff's order was a $5,000 deposit. When planted, "foundation seed" produces "registered seed"...
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