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SWAIN v. HARVEST STATES COOPERATIVES

Civ. No. 900270.

469 N.W.2d 571 (1991)

Garland L. SWAIN and Kathleen M. Swain, Plaintiffs and Appellees, v. HARVEST STATES COOPERATIVES, formerly doing business as Great Plains Supply Company; also known as Great Plains, a Harvest States Company, and Great Plains Supply Company, a Division of Farmers Union Grain Terminal Association, Defendant and Appellant.

Supreme Court of North Dakota.

May 7, 1991.

Attorney(s) appearing for the Case

Traynor, Rutten & Traynor, Devils Lake, for plaintiffs and appellees; argued by J. Thomas Traynor, Jr.

Pringle & Herigstad, P.C., Minot, for defendant and appellant; argued by James E. Nostdahl.

GIERKE, Justice.

Harvest States Cooperatives, formerly doing business as Great Plains Supply Co. [Great Plains], appeals from a district court judgment awarding Garland and Kathleen Swain $77,986.99. We affirm in part, reverse in part, and remand for entry of amended judgment.

In 1978 Great Plains and Gregory and Kathleen Sinclair entered into a building contract in which Great Plains agreed to build the Sinclairs a modular house near Devils Lake for $39,300...

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