CORNETT v. WHITE MOTOR CORPORATION

No. 38877.

209 N.W.2d 341 (1973)

190 Neb. 496

L. S. CORNETT, Appellant, Cross-Appellee, v. WHITE MOTOR CORPORATION, a foreign corporation, et al., Appellees and Cross-Appellants. National Indemnity Company, a corporation, et al., Appellees, Cross-Appellees, United States of America, Intervener-Appellant.

Supreme Court of Nebraska.

July 13, 1973.


Attorney(s) appearing for the Case

Marks, Clare, Hopkins, Rauth & Garber, Omaha, for appellant.

William K. Schaphorst, Paul W. Madgett, Omaha, for United States of America.

Hird Stryker, Fraser, Stryker, Marshall & Veach, Omaha, for White Motor Corp.

Gross, Welch, Vinardi, Kauffman, Schatz & Day, Kutak, Rock, Cohen, Campbell & Peters, Abraham, Kaslow & Cassman, Beber & Richards, Omaha, for National Indemnity Co. and others.

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


SMITH, Justice.

The central issues on appeal arise out of an arguable train of transactions. A contract between the City of Omaha and defendant Metropolitan Sanitation Company for the latter to collect refuse. Respecting the contract, delivery and acceptance of a performance bond with the city the obligee, Metropolitan the principal, and defendant National Indemnity Company the surety. Metropolitan's purchase of 45 new garbage trucks subject to 4 security agreements...

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