Scoular Co. v. Denney

Opinion by

Judge DAILEY.

In this contract action, defendant, Doug Denney, appeals from the trial court’s judgment entered in favor of plaintiff, Scoular Company. We reverse and remand with directions.

I

The parties have presented us with only a portion of the trial transcript. Consequently, the facts reported in this section of the opinion are taken from either undisputed portions of the briefs or the trial court’s unchallenged findings of fact.

Denney is a grain farmer in Holyoke, Colorado. Scoular is a grain company headquartered in Omaha, Nebraska that operates a grain elevator in Venango,…