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WILGRO, INC. v. VOWERS & BURBACK

No. 38717.

208 N.W.2d 698 (1973)

190 Neb. 369

WILGRO, INC., a corporation, Appellee, v. VOWERS & BURBACK, a partnership et al., Appellants.

Supreme Court of Nebraska.

June 22, 1973.

Attorney(s) appearing for the Case

O'Brien & Everson, Darrel J. Huenergardt, Kimball, for appellants.

Wright & Simmons, John F. Wright, John F. Simmons, Scottsbluff, for appellee.

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

WHITE, Chief Justice.

This is an action for payment of an open account for livestock feed supplement furnished by the plaintiff to the defendants. The defendants counterclaimed for damages, alleging that the plaintiff had breached certain warranties in connection with the nutritional composition of the supplement. The trial court directed a verdict for the plaintiff on the open account and dismissed defendants' counterclaim for insufficient evidence. We affirm.

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