Great West Grain & Seed Co. v. Ray

I find myself unable to agree with my associates as to the disposition of this case. A firm conviction that the trial court was unwarranted in peremptorily instructing for appellee, impels me to dissent. The following opinion was prepared prior to the writing of the majority opinion by the Chief Justice. At the'risk of duplication, I respectfully file it as my dissent.

Plaintiff alleged that on May 30, 19⅝5, defendant and plaintiffs acting through their authorized agent, E. J. Mutchler, entered into an oral contract whereby defendant agreed to sell and plaintiffs agreed to buy 300 tons of…