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INTERIOR ELEVATOR CO. v. LIMMEROTH

565 P.2d 1074 (1977)

278 Or. 589

INTERIOR ELEVATOR COMPANY, Appellant, v. Albert LIMMEROTH, Respondent.

Supreme Court of Oregon, In Banc.

Decided June 7, 1977.

Attorney(s) appearing for the Case

Donald F. Dunn, The Dalles, argued the cause for appellant. With him on the briefs were Phipps, Dunn & Mobley, The Dalles.

Ronald M. Somers, The Dalles, argued the cause and filed the brief for respondent.

Before DENECKE, C.J., and HOWELL, BRYSON, LENT, LINDE and CAMPBELL, JJ.

Argued and Submitted at Pendleton May 2, 1977.

CAMPBELL, Justice, Pro Tem.

Plaintiff elevator company filed an action at law against defendant wheat farmer for the breach of a written contract wherein the defendant agreed to sell and deliver wheat to the plaintiff.

The amended complaint alleged that the defendant refused to deliver 5,138 bushels of the contracted total of 125,801 bushels. The plaintiff asked for damages in the amount of $13,153.28...

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