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ATWOOD-KELLOGG, INC. v. NICKESON FARMS

No. 20902.

602 N.W.2d 749 (1999)

1999 SD 148

ATWOOD-KELLOGG, INC., Plaintiff and Appellant, v. NICKESON FARMS; Jerry Nelson; Doug Medhaug; Jason Medhaug d/b/a Medhaug Farms; Clark Huggett; Roger Hill; Willard Hill; Hill Farms, Inc.; and Clayton Halverson, Defendants and Appellees.

Supreme Court of South Dakota.

Decided November 23, 1999.

Attorney(s) appearing for the Case

James M. Cremer of Bantz, Gosch, Cremer, Peterson & Sommers, Aberdeen, South Dakota, for plaintiff and appellant.

Danny R. Smeins, Britton, South Dakota, for defendants and appellees.

AMUNDSON, J.

[¶ 1.] Atwood-Kellogg, Inc., appeals the granting of summary judgment in favor of the defendant farmers (Farmers). We reverse and remand for trial.

FACTS

[¶ 2.] In 1995 Farmers each contracted to sell corn and soybeans to Farmers Elevator Company of Eden, South Dakota (FEC). The contracts provided that delivery of the commodities was to be made by December 1, 1995. Atwood-Kellogg provided financing to FEC and retained a security...

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