ALLIANCE TRAC. & IMP. CO. v. LUKENS TOOL & DIE CO.

No. 39651.

233 N.W.2d 299 (1975)

194 Neb. 473

ALLIANCE TRACTOR & IMPLEMENT COMPANY, a corporation, d/b/a Crown Manufacturing Company, Appellant, v. LUKENS TOOL & DIE COMPANY, a corporation, Appellee.

Supreme Court of Nebraska.

September 25, 1975.


Attorney(s) appearing for the Case

Wright & Simmons, Scottsbluff, for appellant.

James R. Hancock, Scottsbluff, for appellee.

Heard before SPENCER, CLINTON and BRODKEY, JJ., and FLORY and WHITE, District Judges.


WHITE, District Judge.

This is an action for specific performance of a contract to construct a machine to manufacture hay rake teeth. At the close of the evidence the plaintiff moved to amend the petition to include a cause of action for breach of warranty. The defendant cross-petitioned, alleging that the contract was substantially performed and alternatively that the machine, subject of the contract, had been accepted by the plaintiff's failure to object, and that...

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