Cargill, Incorporated v. Frank Weston, Individually and D/B/A Weston Elevator Company, a Sole Proprietorship

GIBSON, Chief Judge.

Plaintiff, Cargill, Inc., appeals the trial court’s grant of judgment in favor of defendant, Frank Weston, on its claim for damages for breach of a contract to deliver soybeans. Weston, an Arkansas farmer who owns 156 acres and rents about 800 acres for his farming operation, began in 1972 to buy, sell and store grain in bins on his farm under the name of Weston Elevator Company. The parties contracted September 5, 1972, for the delivery of 20,000 bushels of # 1 yellow soybeans to be delivered in October and November, 1972, at a contract price of $3.35 per bushel. The…