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EDWARD PETERSON CO. v. ULYSSES S. SCHLUETER CONST. CO.

No. 36147.

140 N.W.2d 830 (1966)

179 Neb. 883

EDWARD PETERSON COMPANY, a Nebraska Corporation, and Stone Products Company, a Nebraska Corporation, Appellees, v. ULYSSES S. SCHLUETER CONSTRUCTION CO., a Partnership, Appellant.

Supreme Court of Nebraska.

March 11, 1966.

Attorney(s) appearing for the Case

Sidner, Gunderson, Svoboda & Schilke, Fremont, for appellant.

Hotz, Hotz, Taylor & Moylan, Omaha, for appellees.

Heard before CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ., and BRODKEY, District Judge.

SPENCER, Justice.

This is an action brought by Edward Peterson Company and Stone Products, Inc., Nebraska corporations, against Ulysses S. Schlueter Construction Co., a partnership, for rock alleged to have been sold pursuant to the terms of an oral contract. The rock was sold by Stone Products, Inc., and the amount of the claim, which had been assigned to Edward Peterson Company, is $10,946.85. For convenience, Stone Products, Inc., will be designated as plaintiff...

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