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WESTERN PLASTICS CORP. v. WESTINGHOUSE ELEC. CORP.

No. 37125.

169 N.W.2d 1 (1969)

184 Neb. 498

WESTERN PLASTICS CORPORATION, Appellant, Cross-Appellee, v. WESTINGHOUSE ELECTRIC CORPORATION, Appellee, Cross-Appellant.

Supreme Court of Nebraska.

June 13, 1969.

Attorney(s) appearing for the Case

Fitzgerald, Brown, Leahy, McGill & Strom, Omaha, for appellant.

Crossman, Barton & Norris, Omaha, for appellee.

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

CARTER, Justice.

Western Plastics Corporation brought this action against Westinghouse Electric Corporation to recover damages for a breach of warranty of quality covering a 25 horsepower adjustable voltage drive manufactured by Westinghouse and sold to Western Plastics f. o. b. Buffalo, New York. The jury returned a verdict for Western Plastics and against Westinghouse in the amount of $5,686.02. The trial court sustained the motion of Westinghouse for a new trial...

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