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RICHARDSON v. WATERITE COMPANY

No. 34550.

99 N.W.2d 265 (1959)

169 Neb. 263

Elizabeth RICHARDSON, Testamentary Trustee under the Last Will and Testament of Ralph Newton Perkins, Deceased, Appellee-Cross-Appellant, v. WATERITE COMPANY, a Nebraska Corporation, Appellant-Cross-Appellee.

Supreme Court of Nebraska.

November 13, 1959.

Attorney(s) appearing for the Case

Marks, Clare, Hopkins & Rauth, Omaha, for appellant.

Rogers, Field, Gentry & Jackson, Kansas City, Mo., Burbridge & Burbridge, Omaha, for appellee.

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

CARTER, Justice.

This is a suit for a declaratory judgment by the trustee of a testamentary trust established by the last will of Ralph Newton Perkins, deceased, to determine the rights of such trustee in a contract entered into by Perkins and the Waterite Company. The trial court held the contract to be valid and decreed that defendant was liable for the amounts agreed upon for items manufactured and sold as set forth in the schedule attached to and made a part of...

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