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NAT. FARMERS ORGAN. v. McCOOK FEED & SUP. CO.

No. 40406.

243 N.W.2d 335 (1976)

196 Neb. 424

NATIONAL FARMERS ORGANIZATION, INC., Appellee, v. McCOOK FEED AND SUPPLY COMPANY, Appellant.

Supreme Court of Nebraska.

June 30, 1976.

Attorney(s) appearing for the Case

David T. Schroeder, of Padley & Dudden, P. C., Ogallala, Donald W. Marshall, Jr., Brighton, Colo., for appellant.

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

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

SPENCER, Justice.

In this contract action for the sale of 90,000 bushels of corn, the jury returned a verdict for the plaintiff on its cause of action and for the defendant on its counterclaim. The trial court sustained a motion for judgment notwithstanding the verdict on the counterclaim. It entered judgment for the plaintiff on its cause of action for the amount the parties stipulated was due, and dismissed the counterclaim. McCook Feed and Supply Company, hereinafter...

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