Gruebele v. Mott Grain Co.

PAULSON, Justice.

This is an appeal by the defendant, Mott Grain Company, from the judgment of the Hettinger County District Court entered on July 22,1977, awarding the plaintiff, Albert Gruebele, payment of $17,127.93, plus interest, on two grain contracts; together with costs of the action.

At the trial, Mott Grain Company admitted execution of the two grain contracts, but raised the affirmative defense of equitable estoppel, claiming that Gruebele should be estopped from asserting payment due and owing on the contracts. The trial court concluded that Mott Grain Company had failed to prove…