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Monica L. Smith v. General Mills, Inc

Date: 11-17-1998

Case Number: 98-034

Judge: John Warner

Court: District Court, Liberty County, Montana

Plaintiff's Attorney: Keith A. Maristuen, of Bosch Kuhr Dugdale Martin & Kaze, Harve, Montana John F. Jenks, of Bosch Kuhr Dugdale Martin & Kaze, Harve, Montana

Defendant's Attorney: K. Dale Schwanke of Jardine, Stephenson, Blewett & Weaver, Great Falls, Montana

Description:

Breach of Contract - Plaintiff, a farmer sued defendant, a corporation and operator of grain elevators for breach of contract and fund conversion. The defendant counterclaimed for breach of contract. The plaintiff alleged that a telephone conversation between plaintiff and defendant, where supposedly an agreement to sell defendant wheat, did not constitute a valid contract. The defendant stated that it was a valid contract and that the plaintiff breached their agreement by selling to another grain elevator. The defendant also owned the grain elevator that the plaintiff ultimately sold to, and the defendant used the funds to off set the losses of the first grain elevator and held out $15,000 from plaintiff's payment.

Outcome:

Defendant's verdict.

Plaintiff's Experts:

Unknown

Defendant's Experts:

Unknown

Comments:

Affirmed with direction of the Supreme Court of Montana. See 968 P. 2d 723 (Mont. 1998). The above date reflects that of the appellate court and not that of the original trial. Reported by jjb.

About This Case

What was the outcome of Monica L. Smith v. General Mills, Inc?

The outcome was: Defendant's verdict.

Which court heard Monica L. Smith v. General Mills, Inc?

This case was heard in District Court, Liberty County, Montana, MT. The presiding judge was John Warner.

Who were the attorneys in Monica L. Smith v. General Mills, Inc?

Plaintiff's attorney: Keith A. Maristuen, of Bosch Kuhr Dugdale Martin & Kaze, Harve, Montana John F. Jenks, of Bosch Kuhr Dugdale Martin & Kaze, Harve, Montana. Defendant's attorney: K. Dale Schwanke of Jardine, Stephenson, Blewett & Weaver, Great Falls, Montana.

When was Monica L. Smith v. General Mills, Inc decided?

This case was decided on November 17, 1998.