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FLECK v. JACQUES SEED CO.

Civ. No. 880197.

445 N.W.2d 649 (1989)

Adam FLECK, Plaintiff and Appellee, v. JACQUES SEED COMPANY, PRESCOTT, WISCONSIN, Defendant and Appellant.

Supreme Court of North Dakota.

August 28, 1989.

Attorney(s) appearing for the Case

Vogel Law Firm, Mandan, for plaintiff and appellee; argued by Colette N. Bruggman.

Weiss, Wright & Paulson, Jamestown, for defendant and appellant; argued by James A. Wright.

MESCHKE, Justice.

Adam Fleck recovered a judgment against Jacques Seed Company (JSC) for fraud in his purchase of seed corn from JSC. JSC appealed. We reverse and remand for a new trial.

During fall 1984, Fleck, a farmer, learned that Joseph Berger, a neighboring farmer, sold seed corn for JSC. Fleck had frequently used JSC seed corn in the past and had been pleased with the results. Fleck ordered various types and amounts of JSC seed corn through Berger,...

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