BENNETT v. EMERALD SERVICE

No. 33332.

59 N.W.2d 171 (1953)

157 Neb. 176

BENNETT v. EMERALD SERVICE, Inc.

Supreme Court of Nebraska.

June 12, 1953.


Attorney(s) appearing for the Case

John McArthur and Robert D. Zimmerman, Lincoln, for appellant.

Perry & Perry, Lincoln, for appellee.

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


YEAGER, Justice.

This is an action at law by the plaintiff and appellant against the defendant and appellee for the recovery of the purchase price of a corn sheller purchased under a written warranty. The action was predicated upon a claimed rescission by plaintiff on account of an alleged breach of warranty.

The action came on for trial to a jury and at the conclusion of the evidence of the plaintiff the defendant moved for a directed verdict in its favor...

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