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MIDLANDS TRANSPORTATION COMPANY v. APPLE LINES, INC.

No. 38223.

197 N.W.2d 646 (1972)

188 Neb. 435

MIDLANDS TRANSPORTATION COMPANY, a Corporation, Appellee, v. APPLE LINES, INC., a Corporation, Appellant.

Supreme Court of Nebraska.

May 12, 1972.

Attorney(s) appearing for the Case

Stern, Harris, Feldman, Becker & Thompson, Omaha, for appellant.

Nelson, Harding, Marchetti, Leonard & Tate, Kermit A. Brashear, II, Omaha, for appellee.

Heard before WHITE, C. J., and BOSLAUGH, McCOWN, and CLINTON, JJ., and WARREN, District Judge.

WHITE, Chief Justice.

This is a suit on a promissory note, but the real issue presented is the sufficiency of the evidence to submit the questions of liability and damages to a jury for the alleged breach by the plaintiff of a covenant not to compete with the defendant. These issues were raised by the cross-petition of the defendant and the district court, holding that there was insufficient evidence to submit the case to a jury, directed a verdict for the plaintiff...

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