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SO SOO FEED & SUPPLY CO. v. MORGAN

No. 39323.

220 N.W.2d 25 (1974)

192 Neb. 277

SO SOO FEED & SUPPLY CO., a corporation d/b/a So Soo Feed & Supply, Appellant, v. Max MORGAN et al., Appellees.

Supreme Court of Nebraska.

July 11, 1974.

Attorney(s) appearing for the Case

Smith, Smith & Boyd, South Sioux City, for appellant.

Roy I. Anderson, Blair, for appellees.

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

CLINTON, Justice.

This cause commenced as an action by the plaintiff to foreclose a contractor and materialman's lien arising out of the sale and erection of a grain drying bin. The defendant purchaser, Max Morgan, answered alleging, among other things, breach of implied warranty of fitness, and in the first cause of action of a cross-petition, claimed damages in the sum of $2,500 to a quantity of milo stored in the dryer

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