Continental Grain Company v. Harbach

MEMORANDUM DECISION

MARSHALL, District Judge.

Plaintiff, Continental Grain Company, a Delaware Corporation with its principal place of business in New York, brought this action for breach of a grain sales contract involving over $10,000 against defendant, Lawrence Harbach, an Illinois farmer. The only issue currently pending for decision is whether defendant was a merchant when the alleged contract was made, within the meaning of the Uniform Commercial Code (Code). Ill.Rev.Stat., ch. 26, § 1-101 et seq. (1973). 1 Diversity jurisdiction is present. 28 U.S.C. § 1332 (1970). Illinois law is…