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WILBUR-ELLIS CO. v. WAYNE & JUNTUNEN FERTILIZER CO.

Civ. No. 10621.

351 N.W.2d 106 (1984)

WILBUR-ELLIS COMPANY, Plaintiff and Appellee, v. WAYNE AND JUNTUNEN FERTILIZER COMPANY, INC., Curt Juntunen, and First Bank of Rolla, Defendants, Robert Wayne, Defendant and Appellant.

Supreme Court of North Dakota.

June 28, 1984.

Attorney(s) appearing for the Case

Eaton, Van de Streek & Ward, Minot, for plaintiff and appellee; argued by Nevin Van de Streek, Minot.

Arne F. Boyum, Rolla, for defendant and appellant; argued by Arne F. Boyum, Rolla.

PEDERSON, Justice.

Wilbur-Ellis sold various agricultural chemicals to Wayne and Juntunen Fertilizer Co. (W-J Fertilizer) on an open account. The balance due on the account on November 30, 1982 was $110,153.31, and on that date Curtis W. Juntunen, as vice president of W-J Fertilizer and individually, executed an installment note which required payments as follows:

  $11,000.00 on 12-1-82;
  22,000.00 on 12...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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