Cargill Inc., Commodity Marketing Division v. Hale

BILLINGS, Chief Judge.

Plaintiff was awarded damages by a jury for the defendant’s breach of contract to sell 9000 bushels of soybeans. The trial court rejected defendant’s contention that the statute of frauds contained in § 400.2-201, RSMo 1969, barred plaintiff’s enforcement of the contract. We affirm.

Plaintiff operates a grain elevator at New Madrid, Missouri, and buys and sells grain. On July 22, 1974, the defendant telephoned plaintiff’s manager and agreed to sell 9000 bushels of No. 2 yellow soybeans for $7.37 per bushel. Delivery date, according to the manager, was to be by August 9 at…