Drager v. Carlson Hybrid Corn Co.

(dissenting) — I respectfully dissent from Division I of the majority opinion and its approval of the trial court’s direction of a verdict for the full amount of plaintiffs’ claim — $11,377 in all.

Plaintiffs’ petition alleges an oral contract under which they were to grow and sell to defendant seed corn at the agreed *962price of $3.50 per bushel, plaintiffs grew and delivered to defendant 3290 bushels “of said corn (i.e., seed corn) * * * and duly performed all the conditions of said oral contract on their part”, defendant has refused to pay for same except that $2000 was paid, “defendant is…