Joseph Heiting and Sons v. Jacks Bean Co.

The plaintiff, Joseph Heiting and Sons (Heiting), has appealed the order of the district court which entered summary judgment in favor of the defendant, Jacks Bean Company (Jacks). Heiting had filed suit for damages for breach of an alleged oral contract for the sale of its beans to Jacks. Heiting assigns as error that the court incorrectly determined that there were no genuine issues of material fact and failed to find that an exception to the statute of frauds provision of Neb. U.C.C. § 2-201 (Cum. Supp. 1990) applied to the facts of this case. We reverse and remand for further proceedings.

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