Cargill, Inc., the plaintiff, is a large grain company. Warren, an agent of Cargill, managed its grain

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Cargill, Inc., the plaintiff, is a large grain company. Warren, an agent of Cargill, managed its grain elevator in Hingham, Montana. On August 24, Warren orally contracted to buy from Wilson, the defendant farmer, 28,000 bushels of wheat at $1.48 per bushel and 6,000 bushels of higher protein wheat at $1.63 per bushel. Warren prepared two standard grain purchase written contracts. He signed them for Cargill, as its agent, and he also signed Wilson’s name. A few days later, he delivered copies to Wilson, who made no objection. On August 30, Wilson received a $10,000 loan from Cargill. The check was attached to a detachable part of the standard grain contract, and it incorporated the two contracts by specific references to their numbers. Wilson endorsed and cashed the check. The loan was interest-free because it was an advance payment for the wheat. During September and October, Wilson delivered 11,000 bushels of ordinary wheat at the agreed-upon price of $1.48, and 6,000 bushels at the then-current, higher market price. Then Wilson refused to deliver any more wheat. Cargill sued for damages. Wilson claimed he was not bound because of the Statute of Frauds. Who should win? (Cargill, Inc. v. Wilson, 532 P.2d 988, Mont.)

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