McCubbin Seed Farm, Inc. v. Tri-Mor Sales, Inc.

UHLENHOPP, Justice.

This is an appeal from summary judgment for plaintiff McCubbin Seed Farm, Inc., in an action on an alleged contract for the sale by McCubbin of seed beans to defendant Tri-Mor Sales, Inc. Both parties are merchants.

As customary, McCubbin telephoned TriMor on several occasions to inform it of the current market price of soybean seed and to inquire about Tri-Mor’s requirements for the coming planting season. The parties disagree as to the intended effect of these conversations.

Immediately after each conversation, McCubbin sent Tri-Mor written confirmation of the price and…