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Sales Keyed to Keating
Kost v. Kraft
Citation:
795 N.W.2d 712 (2011)Facts
Jim Kost and Allen Kraft operated a custom combining partnership called Kost and Kraft Harvesting until they ceased doing business as partners in spring 2003. Despite terminating their formal partnership arrangement, the parties continued to share equipment and work together during 2003 and 2004. In May 2008, Kost initiated litigation against Kraft seeking formal dissolution of the partnership. Kost claimed the parties had shared equipment and work during their partnership and disputed their respective interests in equipment worth $11,741.85 that Kost had sold at auction in 2007. Kost sought final disposition of proceeds from that equipment sale and damages for Kraft’s alleged conversion of a planter. Kraft filed counterclaims alleging that after the partnership terminated in 2003, Kost entered into an oral lease agreement to pay fair rental value for use of Kraft’s combining equipment in 2003 and 2004, with approximately $150,000 remaining unpaid. Kraft also claimed the parties had an oral agreement for Kraft to perform custom combining work for Kost in 2005, for which Kost failed to pay $10,000.
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