BURROUGHS CORP. v. JAMES E. SIMON CONSTRUCTION CO.

No. 39308.

220 N.W.2d 225 (1974)

192 Neb. 272

BURROUGHS CORPORATION, a corporation, Appellee, v. JAMES E. SIMON CONSTRUCTION CO., a corporation, Appellant.

Supreme Court of Nebraska.

July 11, 1974.


Attorney(s) appearing for the Case

Kelley & Wallace, North Platte, for appellant.

Murphy, Pederson & Piccolo, LeRoy Anderson, North Platte, for appellee.

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


WHITE, Chief Justice.

This is an action brought to recover a money judgment arising from an insurance clause in an equipment sale contract between the parties. The plaintiff, Burroughs Corporation, and the defendant, James E. Simon Construction Co., entered into a contract for the purchase of a computer system on which the defendant made a downpayment. In the contract the defendant as purchaser agreed to: "* * * insure the equipment for the benefit of Seller against...

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