C & B LIVESTOCK, INC. v. Johns

This is a proceeding under the declaratory relief provisions of OBS chapter 28 to determine the rights and obligations of the parties under the terms of an alleged contract for the sale of potato waste. Defendants denied the contract as alleged by plaintiff, pleaded certain affirmative defenses and filed a counterclaim to recover for potato waste sold and delivered to plaintiff. The trial court held that the contract as alleged by plaintiff did not exist and gave judgment for defendants on the counterclaim for $74,-314.91 as the reasonable value of the potato waste delivered to plaintiff.…