St. Angsar Mills, Inc. v. Streit

Facts

Duane Streit, Defendant, was a livestock farmer who raised hogs with his father, John Streit, and regularly bought grain products from Plaintiff on an oral agreements that would later be reduced to writing. Typically, Duane would speak with a representative of Plaintiff over the phone and request an order of grain for future delivery. After the agreement was reached, Plaintiff would prepare a written confirmation of the sale and either mail it to Duane for his signature and return, or wait for Duane or his father, John, to stop in to the business. John would regularly stop by Plaintiff’s business within ten days of each money and pay any outstanding balance on Duane’s account. It was not unusual for Duane to fail to sign the confirmatory writing for a long period time and fail to return it. Still, the Streits had never refused a delivery from Plaintiff. On July 1, 1996, John placed two orders for future delivery of corn but a confirmatory writing was not immediately mailed, on the expectation that John would sign it when he stopped into the office. However, John did not stop into the office until August 10, 1996, at which point he did receive a written confirmation. Duane eventually refused the corn delivered pursuant to the oral agreement John had made on July 1, and Plaintiff brought the instant suit for breach of contract.