Bunge Corporation, a Corporation v. H. A. Recker

KILKENNY, Circuit Judge.

In August, 1972, appellant, a grain dealer, and appellee, a farmer, entered into a written contract under which ap-pellee agreed to sell to appellant ten thousand bushels of No. 2 yellow soybeans at $3.35 per bushel. Delivery of the grain was to be made at appellant’s place of business, Price’s Landing, Missouri, during January, 1973. Nothing in the contract required appellee to grow the beans on his own land, and, for that matter, he was not obligated to grow the beans himself or even to operate a farm. The contract also provided that the time of delivery could be…