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ELY CONSTRUCTION COMPANY v. S & CORPORATION

No. 36964.

165 N.W.2d 562 (1969)

184 Neb. 59

ELY CONSTRUCTION COMPANY, a Corporation, Appellant, v. S & S CORPORATION, a Corporation, Appellee.

Supreme Court of Nebraska.

February 28, 1969.

Attorney(s) appearing for the Case

Swarr, May, Royce, Smith, Andersen & Ross, William E. Morrow, Jr., Omaha, for appellant.

Shafton & Vinardi, Omaha, for appellee.

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

McCOWN, Justice.

The plaintiff, Ely Construction Company, instituted this action against the defendant, S & S Corporation, to recover damages for breach of a written contract. The defendant cross-petitioned for loss of expected profits. The jury found against the plaintiff on its petition and against the defendant on its cross-petition, and the plaintiff has appealed.

The specific issue is the application of the parol evidence rule to a written subcontract...

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