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Contracts Keyed to Kuney
Azevedo v. Minister
Citation:
86 Nev. 576, 471 P.2d 661 (1970).Facts
In November 1967, Azevedo and Minister made an oral agreement for Azevedo to purchase hay. The parties agreed that Azevedo would purchase first and second cuttings at a price of $26.50 per ton and $28 per ton for third cuttings. The parties opened an escrow account at Yerington bank for the benefit of Minister and Azevedo deposited $20,000. Azevedo began hauling loads of hay and Minister furnished him with accountings beginning on December 4. On January 21, 1968, Minister provided an accounting with a memoranda stating that only $1,819.76 of the original deposit was left and there still was approximately 16,600 bales to be hauled. Azevedo did not respond, but deposited an additional $3,000. On February 22, Minister provided another accounting with memoranda stating that 14,000 bales remained to be hauled and only $1,635.26 deposit remained. In March 1968, Minister only loaded two of the four trucks sent by Azevedo because of insufficient funds to cover all four loads. Azevedo refused to buy more hay and the parties disagreed on the amount of hay Azevedo had agreed to buy.
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