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CARGILL, INC. v. GAARD

No. 75-575.

84 Wis.2d 138 (1978)

267 N.W.2d 22

CARGILL, INC., Respondent, v. GAARD, and wife, d/b/a Gaard Elevator Company, Appellants.

Supreme Court of Wisconsin.

Decided June 30, 1978.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Robert R. Gavic of Spring Valley.

For the respondent the cause was submitted on the brief of John W. Fetzner, Charles B. Harris and Law Offices of John W. Fetzner, S. C., of Hudson.

HEFFERNAN, J.

The basic question on this appeal is whether the seller, Gaard,1 is a "merchant" within the meaning of sec. 402.104(1), Stats., and is bound to his oral agreement for the future delivery of soybeans when he failed to object within ten days to the purchaser, Cargill's, written confirmation of the oral contract. The trial court found that the Gaards were merchants, that an oral contract...

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