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MITCHELL v. BARENDREGT

No. 17517.

820 P.2d 707 (1991)

120 Idaho 837

Dell N. MITCHELL, Plaintiff-Respondent-Cross Appellant, v. Melvin BARENDREGT, Defendant-Appellant-Cross Respondent.

Court of Appeals of Idaho.

November 27, 1991.

Attorney(s) appearing for the Case

Parsons, Smith, Stone & Fletcher, Burley, for appellant-cross respondent. William Parsons argued.

Ling, Nielsen & Robinson, Rupert, for respondent-cross appellant. Roger D. Ling argued.

ON REHEARING 1990 OPINION NO. 130, ISSUED SEPTEMBER 5, 1990, IS HEREBY WITHDRAWN AND THIS OPINION IS SUBSTITUTED THEREFORE.

BENGTSON, Judge, Pro Tem.

This action arises out of an alleged contract between the parties for the sale of potatoes and implicates certain provisions of the Uniform Commercial Code as adopted in Idaho. For reasons stated below, we vacate the judgment entered in favor of the respondent, Dell M. Mitchell, and remand the case for a new...

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