Hubbard Milling Co. v. Frame

WOLLMAN, Chief Justice.

This is an appeal from the grant of summary judgment in favor of appellee. We reverse and remand.

The dispute arose as an action for recovery of alleged damages by appellee under an oral contract for the purchase of appellant’s wheat. On August 25, 1978, appellant stored 1,900 bushels of winter wheat with appellee in its facility in Kadoka. A negotiable storage ticket was issued to appellant. Appellant then borrowed money from the Pennington County Agricultural Stabilization Conservation Service (A.S. C.S.) and surrendered the negotiable storage ticket to A.S.C.S. as…