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GRUEBELE v. MOTT GRAIN CO.

Civ. No. 9400.

262 N.W.2d 747 (1978)

Albert GRUEBELE, Plaintiff-Appellee, v. MOTT GRAIN COMPANY, Defendant-Appellant.

Supreme Court of North Dakota.

February 16, 1978.

Attorney(s) appearing for the Case

Pearce, Anderson, Thames & Durick, Bismarck, for defendant and appellant; argued by William R. Pearce, Bismarck.

Reichert, Howe, Hardy, Moench, Galloway & Jorgensen, Dickinson, for plaintiff and appellee; argued by Albert J. Hardy, Dickinson.

PAULSON, Justice.

This is an appeal by the defendant, Mott Grain Company, from the judgment of the Hettinger County District Court entered on July 22, 1977, awarding the plaintiff, Albert Gruebele, payment of $17,127.93, plus interest, on two grain contracts; together with costs of the action.

At the trial, Mott Grain Company admitted execution of the two grain contracts, but raised the affirmative defense of equitable...

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