Cargill, Inc. v. Fickbohm

UHLENHOPP, Justice.

This appeal involves the sufficiency of the evidence on damages in a jury-waived law action.

Viewing the evidence in the light most favorable to plaintiff Cargill, Inc., Rule 344(f)(2), Rules of Civil Procedure, the trier of fact could find that by telephone on November 30, 1972, the wife of defendant John Fickbohm, purporting to act for him, sold Cargill’s Emmetsburg elevator 10,000 bushels of corn at $1.26 per bushel for delivery in June or July 1973, with defendant himself later to select June or July for delivery. Cargill hedged this purchase by selling a futures option…