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ROSE v. BUFFALO AIR SERVICE

No. 34703.

104 N.W.2d 431 (1960)

170 Neb. 806

Garnet ROSE and John Boasen (Garnet Rose, Dale Rose, Lee Willis, as partners and Ethel Boasen, substituted), Appellees, v. BUFFALO AIR SERVICE, a Nebraska Corporation, Appellant, Impleaded with Niagara Chemical Division of Food Machinery and Chemical Corporation, a Delaware Corporation, Appellant.

Supreme Court of Nebraska.

July 22, 1960.

Attorney(s) appearing for the Case

Tye, Worlock & Knapp, Kearney, for Buffalo Air Service.

Stewart, Stewart & Calkins, Floyd A. Sterns, Lincoln, for Niagara Chemical Div.

Gibson & Ganz, Gibbon, for appellees.

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

BOSLAUGH, Justice.

Garnet Rose, Dale Rose, and Lee Willis, the members of a partnership, were engaged in farming operations in Buffalo and Kearney Counties, specializing in the growing of sugar beets and potatoes. In 1957 they leased land owned by Ethel Boasen in the former county. At a suitable time they planted 31½ acres thereof to sugar beets, properly cared for them, and had a good growing crop of sugar beets thereon at the time of the principal event concerned...

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