Farmers Union Cooperative Elevator Federation v. Carter

Plaintiff sued for damages for failure of defendant to > deliver corn pursuant to an oral contract. Defendant. filed a general demurrer which the trial court sustained on the ground that the action was barred by the statute: of frauds. § 69-404, R. S. 1943. Plaintiff appeals. We • reverse the judgment of the trial court.

Plaintiff pleaded that on September 22, 1947, the de- - fendant orally opened a trading account with the plain- • tiff for the sale to it of grain commodities for future delivery, and that pursuant to said course of dealing the ■ defendant entered into a series of oral…