FARMERS CO-OP. ELEVATOR OF CAVALIER v. Lemier

PAULSON, Justice.

Lionel Lemier appeals from an order denying a motion for a judgment notwithstanding the verdict dated June 9,1982, and issued by the District Court of Pembina County. We affirm.

Farmers Co-op Elevator, Cavalier, North Dakota [Elevator] is engaged in the business of buying and reselling grain. Lionel Lemier [Lemier] is a farmer who has farmed in the Cavalier area for a number of years. Ray Robinson [Robinson], at the time the contract at issue in this case was entered into, was the manager of the Elevator and had acted in that capacity for at least fourteen years.

Lemier hauled…