SCHOTT GRAIN COMPANY v. Rasmussen

Kuns, Retired District Judge.

This is an appeal from an order dismissing an action for the recovery of damages for breach of contract for the sale of 10,000 bushels of winter wheat. The appellant pleaded the alleged contract; the appellee pleaded that the contract was invalid under the statute of frauds of the Uniform Commercial Code. The appellant argues that the promise by appellee to deliver said grain estopped him from claiming that defense.

Taken in the light most favorable to the appellant, the evidence tends to show the following situation: After some preliminary conversations and…