Legal Opinion
In the Matter of Augustin Bros. Co., Debtor. Wright Grain Company v. Augustin Bros. Co.
Court of Appeals for the Eighth Circuit
Decided May 17, 1972No. 71-1506PublishedCited by 12 opinions
1Opinion of the Court
BRIGHT, Circuit Judge.
In this appeal brought by a seller of goods, we are asked by the seller to apply equitable principles to permit the enforcement of an oral contract which comes within the express terms of the Uniform Commercial Code Statute of Frauds, U.C.C. § 2-201, Neb.Rev.Stat. § 2-201 (1971). We deny the seller’s claim.
Appellant, Wright Grain Company (Seller-Wright or Wright), operates a grain elevator in David City, Nebraska, its principal business being the storage, processing, and sale of corn for use as cattle feed. Wright filed a creditor’s claim in a Chapter XI proceeding under…
2Cases cited4 opinions
- Bernard J. Lee, Platiff-Appellant v. Jenkins Brothers, Bernard J. Lee v. Farnham YardleyCourt of Appeals for the Second Circuit · 1959
- Bagby Land and Cattle Company v. California Livestock Commission CompanyCourt of Appeals for the Fifth Circuit · 1971
- Richard A. Spiering v. Fairmont Foods Company, Inc.Court of Appeals for the Seventh Circuit · 1970
- Chicago Roller Skate Manufacturing Co. v. Sokol Manufacturing Co.Nebraska Supreme Court · 1970
3Cited by12 opinions
- Britt v. StateSupreme Court of Arkansas · 1977
- Maryland Supreme Corp. v. Blake Co.Court of Appeals of Maryland · 1977
- Ozark Milling Company, Inc. A/K/A Ozark Milling, Inc. v. Allied Mills, Inc.Court of Appeals for the Eighth Circuit · 1973
- Anthony v. TidwellTennessee Supreme Court · 1977
- Russell Mann and Vivian Mann v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1973
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