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RED RIVER COMMODITIES, INC. v. EIDSNESS

Civ. No. 890311.

459 N.W.2d 805 (1990)

RED RIVER COMMODITIES, INC., Plaintiff and Appellee, v. Kelby EIDSNESS, Defendant and Appellant.

Supreme Court of North Dakota.

August 1, 1990.

Attorney(s) appearing for the Case

Yuill, Wold, Johnson & Feder, Fargo, for plaintiff and appellee; argued by Robert A. Feder.

Freed, Dynes, Reichert & Buresh, PC, Dickinson, for defendant and appellant; argued by Ronald A. Reichert.

MESCHKE, Justice.

Red River Commodities, Inc. (RRC) sued Kelby Eidsness for breach of his contract to grow and to deliver sunflowers. The trial court awarded RRC judgment for $25,800.11. Kelby appealed. We reverse and remand for a new trial.

In early 1988, Kelby signed "Confection Sunflower Production" contract No. 242 with RRC. RRC agreed to purchase 250,000 pounds from Kelby at a floor price of 11.25 cents per pound, and Kelby agreed, as "The Grower," to...

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