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SMITH v. BROOKS

No. 32848.

47 N.W.2d 389 (1951)

154 Neb. 93

SMITH v. BROOKS et al.

Supreme Court of Nebraska.

March 30, 1951.

Attorney(s) appearing for the Case

Finlayson, McKie & Kuhns, Omaha, for appellant.

Gross, Welch, Vinardi & Kauffman, Omaha, for appellee.

Kennedy, Holland, DeLacy & Svoboda, Omaha, amici curiae.

Heard before SIMMONS, C. J., CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

MESSMORE, Justice.

The plaintiff, Carl Smith, instituted this action in the district court for Douglas County against John Brooks, defendant, for breach of a written contract by the terms of which the defendant agreed to sell to the plaintiff certain steers. The plaintiff prayed for damages. When the action was filed an order of attachment was entered and garnishment summons was served on the Johnson Commission Company, a copartnership in Omaha, the cattle having...

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