Gerner v. Vasby

An action was brought by Willard E. Gerner in which he claimed that the defendants, Helmer Vasby and Joannes Vasby, doing business as Vasby Farms Grain Service, owed him a balance of $23,949.67 for corn delivered to Vasby on December 18, 1973. Vasby answered, denying that he owed the balance to Gerner and alleged as an affirmative defense that he had, on April 4, 1973, entered into an oral contract with Gerner for the future delivery of corn and that the price agreed upon for that corn was $1.25 per bushel and the quantity of corn sold was 10,000 bushels. He alleged that he had tendered the…