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HARVEST STATES COOPERATIVES v. ANDERSON

No. 97-2762-FT.

217 Wis.2d 154 (1998)

577 N.W.2d 381

HARVEST STATES COOPERATIVES, a Minnesota corporation, Plaintiff-Respondent, v. Timothy ANDERSON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 24, 1998.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of L. J. Webster of Oltman & Webster, Ltd., of Ellsworth.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Jordan v. Reich of Kohner, Mann & Kailas, S.C. of Milwaukee.

Before Cane, P.J., Myse and Hoover, JJ.

CANE, P.J.

Timothy Anderson appeals a judgment for $5,000 entered in favor of Harvest States Cooperatives.1 Anderson argues that the trial court erroneously applied § 402.104(3), STATS., to conclude that he was a "merchant." Based upon the undisputed facts, we agree and reverse the judgment.

At the trial to the court, Anderson, a thirty-yearold forklift operator, testified that he does not own a farm but has cows and grows...

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