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JOHNSTON GRAIN COMPANY v. TRIDLE

No. 35487.

124 N.W.2d 463 (1963)

175 Neb. 859

JOHNSTON GRAIN COMPANY, a Corporation, Appellant, v. Joseph TRIDLE and Delmar Morfitt, d/b/a T. & M. Construction Company, a Partnership, Appellees.

Supreme Court of Nebraska.

November 15, 1963.

Attorney(s) appearing for the Case

C. Morris Gillespie, Andrew J. McMullen, Kearney, for appellant.

Tye, Worlock, Knapp & Tye, Munro, Parker & Munro, Kearney, for appellees.

Heard before WHITE, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.

SPENCER, Justice.

This is an appeal by Johnston Grain Company, a corporation, hereinafter referred to as plaintiff, from an order of the district court for Buffalo County vacating and setting aside a default judgment entered against Delmar Morfitt and T. & M. Construction Company, a partnership, hereinafter referred to as defendants.

T. & M. Construction Company, a partnership composed of Joseph Tridle and Delmar Morfitt, had a contract with the plaintiff...

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