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FARMERS ELEV. CO. OF OAKVILLE v. HAMILTON

No. 18A04-0906-CV-347.

926 N.E.2d 68 (2010)

FARMERS ELEVATOR COMPANY OF OAKVILLE, INC., Estate of Tim Norris, Dan Bronnenberg, Rick Harter, Justin Day, Charles Whitehair, and J.B. Chapman, Appellants-Respondents, v. John A. HAMILTON, Appellee-Petitioner.

Court of Appeals of Indiana.

April 23, 2010.

Attorney(s) appearing for the Case

Thomas M. Beeman, Anderson, IN, John H. Brooke, Douglas Mawhorr, Brooke Mawhorr, Muncie, IN, Attorneys for Appellants.

Kurt A. Webber, Kurt A. Webber, P.C., Carmel, IN, Attorney for Appellee.

MEMORANDUM DECISION

VAIDIK, Judge.

Case Summary

The plaintiff farmer and defendant cooperative executed four hedge-to-arrive contracts for the sale of grain. Each contract stated a price, type, and quantity of grain to be delivered. None of the contracts specified a delivery date. The contracts also omitted rolling fees, but the farmer extended his delivery periods several times and was charged for each extension. The farmer ultimately did not...

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