R. D. LOWRANCE, INC. v. PETERSON

No. 37389.

178 N.W.2d 277 (1970)

185 Neb. 679

R. D. LOWRANCE, INC., a Corporation, Appellee, v. James E. PETERSON, Appellant.

Supreme Court of Nebraska.

June 26, 1970.


Attorney(s) appearing for the Case

McGinley, Lane, Mueller, Shanahan & McQuillan, Ogallala, for appellant.

Gregory J. Beal, Ogallala, Frederick E. Wanek, Grant, for appellee.

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


SMITH, Justice.

Defendant James E. Peterson purchased from plaintiff feeder heifers that developed infectious bovine rhinotracheitis ("IBR" or red nose) at some time. Peterson counterclaimed for breach of implied warranties of merchantability and fitness. Plaintiff contended that Peterson, having accepted the heifers after inspection, had excluded the warranties under a usage of the trade.

On the counterclaim a jury allowed only $526.40, the value of four...

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