Farmers Elevator Company v. David

ERICKSTAD, Chief Justice.

In this case, Farmers Elevator Company, a North Dakota cooperative association corporation, appeals from a summary judgment dismissing its complaint, and the defendant, Jerry David, cross-appeals from the summary judgment dismissing his counterclaim.

The complaint asserts that on or about December 18, 1972, David agreed to sell to the elevator company 15,000 bushels of number 2 yellow corn at $1.36 per bushel to be delivered in June of 1973; that on or about August 17, 1973, the elevator company called for delivery of said corn and that David refused to deliver the…