JOHNSON v. FRANCIS

No. 36026.

138 N.W.2d 27 (1965)

179 Neb. 342

Robert JOHNSON, dba Nance County Implement Company, Appellant, v. Doyle FRANCIS, Appellee.

Supreme Court of Nebraska.

November 19, 1965.


Attorney(s) appearing for the Case

Philip T. Morgan, Fullerton, for appellant.

Cyril P. Shaughnessy, St. Paul, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, and McCOWN, JJ.


CARTER, Justice.

This is an action to recover $346.52, the amount remaining due for material and labor furnished the defendant. At the close of plaintiff's evidence the trial court dismissed the action and plaintiff has appealed.

The evidence shows that plaintiff was engaged in the business of selling and applying fertilizer in Fullerton, Nebraska. The defendant was a tenant on a farm owned by one Ralph Peters. In...

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