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SARGENT FEED & GRAIN CO. v. ANDERSON

No. 83-020.

344 N.W.2d 59 (1984)

216 Neb. 421

SARGENT FEED & GRAIN CO., Appellant, v. Waynard ANDERSON et al., Appellees.

Supreme Court of Nebraska.

February 10, 1984.

Attorney(s) appearing for the Case

Robert E. Wheeler of Stowell & Wheeler, P.C., Ord, for appellant.

Steven O. Stumpff of Stumpff & Washburn, Broken Bow, for appellees.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

PER CURIAM.

This action was commenced to recover damages resulting from the breach of an alleged contract for the sale of 5,000 bushels of corn by the defendants to the plaintiff. The petition, filed July 20, 1981, alleged that the contract was made over the telephone on May 1, 1980, and a confirmatory memorandum was sent to the defendant Waynard Anderson on September 19, 1980.

On October 1, 1981, a demurrer filed by the defendants was overruled. Joseph J...

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