Elgin Mills, Inc. v. Hoffman

Kelly, District Judge.

This action was commenced in the District Court for Antelope County. The action was tried before a jury on the 17th day of March 1977. Plaintiff brought suit against the defendant on a written contract for the sale and purchase of grain. The contract was entered into May 29, 1974. The defendant agreed to sell to the plaintiff 50,000 bushels of No. 2 yellow corn at an agreed price of $2.20 per bushel.

The plaintiff, a grain elevator located in Elgin, Nebraska, specified in the written contract that delivery should be made during October, November, or December 1974, at the…