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UNDERWOOD FARMERS ELEVATOR v. LEIDHOLM

Civ. No. 900107.

460 N.W.2d 711 (1990)

UNDERWOOD FARMERS ELEVATOR, Plaintiff and Appellee, v. Ron LEIDHOLM, Defendant and Appellant.

Supreme Court of North Dakota.

September 5, 1990.

Attorney(s) appearing for the Case

Kathleen K. Davison of Zuger, Kirmis, Bolinske & Smith, Bismarck, for plaintiff and appellee. Appearance by Murray G. Sagsveen.

Colette M. Bruggman of Vogel Law Firm, Mandan, for defendant and appellant.

VANDE WALLE, Justice.

Ron Leidholm appealed from an order denying his motion to vacate a judgment against him in favor of Underwood Farmers Elevator. We reverse and remand for further proceedings.

Leidholm contracted with the Elevator to deliver 25,000 bushels of oats at $1.50 per bushel. The contract did not specify a delivery date. In June 1988 Leidholm advised the Elevator that, due to drought conditions, he...

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