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FARMERS CO-OP ASS'N v. KLEIN

Nos. 40469, 40470.

241 N.W.2d 686 (1976)

196 Neb. 180

FARMERS COOPERATIVE ASSOCIATION, a corporation, of Farnam, Nebraska, Appellant, v. Ray L. KLEIN, Appellee. FARMERS COOPERATIVE ASSOCIATION, a corporation, of Farnam, Nebraska, Appellant, v. Ross KLEIN, Appellee.

Supreme Court of Nebraska.

May 12, 1976.

Attorney(s) appearing for the Case

Steve Windrum, Gothenburg, Bernard B. Smith, Lexington, for appellant.

Padley & Dudden, P. C., Ogallala, for appellees.

Heard before WHITE, C. J., SPENCER, McCOWN, NEWTON, CLINTON and BRODKEY, JJ., and KUNS, Retired District Judge.

SPENCER, Justice.

These two actions, while filed separately, were consolidated for trial and for purposes of appeal. Plaintiff sued defendant brothers, Ray L. and Ross Klein, for partial failure to deliver corn on certain contracts. Defendants pled mutual mistake and prayed for reformation of the contracts. The trial court submitted all issues, including the one for reformation, to a jury. The jury returned verdicts in favor of the defendants, on which the court entered...

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