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CAGLE, INC. v. SAMMONS

No. 40990.

254 N.W.2d 398 (1977)

198 Neb. 595

CAGLE, INC., a corporation, Appellant, v. Jerry L. SAMMONS d/b/a Jerry Sammons Drywall, and United States Fidelity & Guaranty Company, a corporation, Appellees.

Supreme Court of Nebraska.

June 8, 1977.

Attorney(s) appearing for the Case

Thomas F. Hoarty, Jr., of Fraser, Stryker, Veach, Vaughan & Meusey, P. C., Omaha, for appellant.

Pilcher, Howard & Dustin, Omaha, for appellees.

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

BRODKEY, Justice.

This is an appeal from a District Court judgment sustaining a demurrer in an action on a contract and a surety bond on the ground that the plaintiff did not allege facts sufficient to constitute a cause of action against one of the defendants, the surety. Plaintiff has appealed, contending that the District Court erred in sustaining the demurrer and in refusing to allow plaintiff leave to amend its petition. We reverse and remand for further proceedings...

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