Glennville Elevators, Inc. v. Beard

Cureton, Judge:

This appeal involves a breach of contract action tried before a master whose decision was affirmed by the circuit court. The master held that respondent Beard was justified in cancelling his contract with appellant Glennville Elevators. We remand for the reason stated below.

The parties entered into an oral agreement in July 1980 whereby Glennville agreed to purchase 75,000 bushels of corn from Beard at a price of $3.25 per bushel1 to be delivered by Beard to Glennville’s place of business in Glennville, Georgia.

Beard began delivery under the contract in August 1980 and…