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  5. 164 N.W.2d 459 (1969)
 

GOMPERT v. GREAT WESTERN SUGAR COMPANY

No. 36944.

164 N.W.2d 459 (1969)

183 Neb. 790

Mervyn GOMPERT and Marilyn Gompert, husband and wife, Appellants, v. GREAT WESTERN SUGAR COMPANY, a Corporation, Appellee.

Supreme Court of Nebraska.

January 31, 1969.

Attorney(s) appearing for the Case

Van Steenberg, Winner & Wood, Scottsbluff, for appellants.

Wright, Simmons & Hancock, Scottsbluff, for appellee.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ., and COLWELL, District Judge.

BOSLAUGH, Justice.

The plaintiff, Mervyn Gompert, operates a farm in Scotts Bluff County, Nebraska. The defendant operates a sugar factory near Mitchell, Nebraska. In 1965 the plaintiff entered into a contract with the defendant to grow sugar beets upon a 25-acre tract owned by the plaintiff and his wife.

The plaintiff purchased chemicals from the defendant which he applied to the beet field for the purpose of weed control. The beets failed to develop satisfactorily...

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