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eBook details

• Title: Sierens v. Clausen
• Author : Supreme Court of Illinois
• Release Date : January 19, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Plaintiffs, Kenneth Sierens and James Thompson, a partnership, d/b/a Mineral Elevator Company, appealed from the judgment of the circuit court of Bureau County entered in favor of defendant, Edwin Clausen, upon allowance of his motion to strike complaint. The appellate court affirmed (21 Ill. App.3d 540), and we allowed plaintiffs' petition for leave to appeal. In their amended complaint plaintiffs alleged that they had entered into two oral agreements with defendant whereby defendant agreed to sell and plaintiffs agreed to buy 3,500 bushels of soybeans, for future delivery; that plaintiffs furnished defendant with a written confirmation of the agreements; that all of the foregoing was done in accordance with the practices, customs and usages of the grain business and the commodities market and that defendant is a grower and seller of farm commodities and as such has been at all times pertinent to this lawsuit well familiar with said practices, customs and usages; that subsequently defendant, in writing, repudiated the contracts; that by reason of defendant's failure to deliver the soybeans plaintiffs suffered substantial damages.

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