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AMERICAN PRIDE CO-OP. v. SEEWALD

No. 97CA0198.

968 P.2d 139 (1998)

AMERICAN PRIDE CO-OP, Plaintiff-Appellee, v. Andy SEEWALD, a/k/a Andrew Seewald, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

October 15, 1998.

Attorney(s) appearing for the Case

Clanahan, Tanner, Downing and Knowlton, P.C., Richard L. Shearer, Dino A. Ross, Denver, for Plaintiff-Appellee.

Robert G. Hancock, Louisville, for Defendant-Appellant.

Opinion by Judge KAPELKE.

Defendant, Andrew Seewald, appeals from the judgment entered upon a jury verdict against him and in favor of plaintiff, American Pride Co-op (American Pride), on its claim of breach of contract. On appeal, Seewald challenges the propriety of certain jury instructions. We reverse and remand for a new trial.

In March 1995, a representative of American Pride had several telephone conversations with Seewald about the purchase of corn...

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