JOHN DEERE CO. OF MOLINE v. RAMACCIOTTI EQUIPMENT CO.

No. 36365.

147 N.W.2d 765 (1967)

181 Neb. 273

JOHN DEERE COMPANY OF MOLINE, a Corporation, Appellee, v. RAMACCIOTTI EQUIPMENT CO., a Corporation, Appellant.

Supreme Court of Nebraska.

January 13, 1967.


Attorney(s) appearing for the Case

Webb, Kelley, Green & Byam, Omaha, for appellant.

Marchetti & Samson, Omaha, for appellee.

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


BOSLAUGH, Justice.

This is an action upon an account stated brought by John Deere Company of Moline against Ramacciotti Equipment Co. The plaintiff distributes agricultural and industrial machinery. From 1959 to 1963 the defendant was the plaintiff's industrial dealer in Omaha, Nebraska.

The plaintiff alleged that the balance due on the account stated was $17,165.07 with interest. The defendant denied that an account stated existed between the parties and...

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