Legal Opinion

Smith v. General Mills, Inc.

Montana Supreme Court

Decided November 17, 1998No. 98-034PublishedCited by 9 opinions

1Opinion of the CourtChief Justice Turnage

¶ 1 Monica R. Smith (Monica) appeals from the order of the Twelfth Judicial District Court, Liberty County, denying her post-trial motions in an action filed by her against General Mills, Inc. (General Mills), for conversion of funds and breach of contract. Monica also appeals from the ruling of the District Court that General Mills was not barred from seeking enforcement of a separate contract under the Uniform Commercial Code’s statute of frauds. We affirm.

ISSUES

¶2 1. Did the District Court err in holding that John Smith was a “merchant” for purposes of applying the exception to the statute…

2Cases cited13 opinions

  1. Maguire v. StateMontana Supreme Court · 1992
  2. Nelson v. Union Equity Co-Operative ExchangeTexas Supreme Court · 1977
  3. Kneeland v. Luzenac America, Inc.Montana Supreme Court · 1998
  4. Prenger v. BakerSupreme Court of Iowa · 1995
  5. Dawkins and Co. v. L & L PLANTING CO.Mississippi Supreme Court · 1992

8 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Seltzer v. MortonMontana Supreme Court · 2007
  2. Lopez v. JosephsonMontana Supreme Court · 2001
  3. Mowrer v. EddieMontana Supreme Court · 1999
  4. Conagra, Inc. v. NierenbergMontana Supreme Court · 2000
  5. Brooks Cotton Company, Inc. v. Bradley F. WilliamsCourt of Appeals of Tennessee · 2012

4 more not listed; retrieve them via the Exa API.

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