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E.L.E.S.C.O. v. NORTHERN STATES POWER CO.

No. C7-85-94.

370 N.W.2d 700 (1985)

E.L.E.S.C.O., Appellant, v. NORTHERN STATES POWER COMPANY, Respondent.

Court of Appeals of Minnesota.

Review Denied September 19, 1985.

Attorney(s) appearing for the Case

Wayne Holstad, White Bear Lake, for appellant.

Jack F. Sjoholm, Jr., Minneapolis, for respondent.

Heard, considered and decided by WOZNIAK, P.J., and NIERENGARTEN and CRIPPEN, JJ.

OPINION

CRIPPEN, Judge.

Appellant E.L.E.S.C.O. brought this action against respondent Northern States Power Company for breach of contract to purchase 10,000 tons of coke. A jury found N.S.P. breached the contract and awarded $49,500 in damages. The trial court granted respondent's motion for judgment notwithstanding the verdict, and E.L.E.S.C.O. brought this appeal.

FACTS

In late 1979, Earl Wetherbee, appellant's proprietor, offered to...

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