Terminal Grain Corporation brought an action against Glen Freeman, a farmer, to recover damages for breach of an oral contract to deliver grain. According to the company, Freeman orally agreed to two sales of wheat to Terminal Grain of 4,000 bushels each at $1.65 1/2 a bushel and $1.71 a bushel, respectively. Dwayne Maher, merchandising manager of Terminal Grain, sent two written confirmations of the agreements to Freeman, who never made any written objections to the confirmations. After the first transaction had occurred, the price of wheat rose to between $2.25 and $2.30 per bushel, and Freeman refused to deliver the remaining 4,000 bushels at the agreed-upon price. Freeman denies entering into any agreement to sell the second 4,000 bushels of wheat to Terminal Grain but admits that he received the two written confirmations sent by Maher.



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