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TOWER CITY GRAIN CO. v. RICHMAN

Civ. No. 9376.

262 N.W.2d 22 (1978)

TOWER CITY GRAIN COMPANY, a corporation, Plaintiff and Appellant, v. E. W. RICHMAN, Peter Richman, and Kenneth Richman, d/b/a E. W. Richman & Sons, Defendants and Appellees.

Supreme Court of North Dakota.

January 24, 1978.

Attorney(s) appearing for the Case

Roger R. Weisenburger of Ployhar, Thorson & Weisenburger, Valley City, for plaintiff and appellant.

William D. Yuill of Kruger, Yuill, Feder & Hovland, Fargo, for defendants and appellees.

VOGEL, Justice.

This case, involving an oral contract to sell 10,000 bushels of wheat, to be delivered when storage space or railroad transportation was available, is before us for the second time. See Tower City Grain Co. v. Richman, 232 N.W.2d 61 (N.D.1975). Upon retrial, after our remand to the district court with leave to amend, the district court found in favor of the Richmans. Tower City Grain Company appealed.

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