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

No. 41148.

260 N.W.2d 193 (1977)

199 Neb. 489

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.

November 30, 1977.


Attorney(s) appearing for the Case

Wright & Simmons, Scottsbluff, for appellant.

Nichols, Meister & Winner, Scottsbluff, for appellee.

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


McCOWN, Justice.

This appeal involves an action for damages for breach of warranties contained in a contract to manufacture, sell, and deliver a machine for the manufacture of hayrake teeth. The jury returned a verdict for the plaintiff-buyer in the sum of $34,831.32. The District Court granted defendant's motion for new trial and the plaintiff has appealed.

This is the second appearance of this case in this court. The factual background is set out in Alliance...

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