ORD v. BENSON

No. 34020.

79 N.W.2d 713 (1956)

163 Neb. 367

George W. ORD, doing business as Ord Implement Company, Appellee, v. Vern BENSON, Appellant.

Supreme Court of Nebraska.

December 14, 1956.


Attorney(s) appearing for the Case

Ginsburg, Rosenberg & Ginsburg, Lincoln, Raymond B. Morrissey, Tecumseh, for appellant.

Leslie H. Noble, Beatrice, Robert S. Finn, Tecumseh, for appellee.

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


CARTER, Justice.

This is an action at law to recover damages for breach of contract in the sale of a farm tractor. A jury was waived and a trial had to the court. The trial court found for the plaintiff in the sum of $365.92 and entered judgment for that amount. The defendant appeals.

The plaintiff was engaged in the implement business at Beatrice, Nebraska. The defendant was engaged in farming. The evidence shows that on May 31, 1952, defendant came to plaintiff...

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