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CLARK v. WALLACE COUNTY COOPERATIVE EQUITY EXCHANGE

No. 80,535.

26 Kan. App.2d 463 (1999)

986 P.2d 391

RAY C. CLARK, Appellant, v. WALLACE COUNTY COOPERATIVE EQUITY EXCHANGE, Appellee.

Court of Appeals of Kansas.

Opinion filed September 3, 1999.

Attorney(s) appearing for the Case

Paul T. Maricle, of Rossi & Maricle, of Goodland, for the appellant. Terry D. Bertholf, of Hutchinson, for the appellee.

Before LEWIS, P.J., RULON, J., and THOMAS H. BORNHOLDT, District Judge, assigned.

LEWIS, J.:

Ray C. Clark is a farmer. The Wallace County Cooperative Equity Exchange (Coop) operates, among other things, a grain elevator through which it buys and sells grain. In January 1995, Clark and Coop entered into a written agreement in which Clark agreed to sell Coop 4,000 bushels of corn to be delivered after the crop was harvested. At the time the contract was made, there may have been corn planted somewhere in Kansas, but it

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