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GEIGER v. SWEENEY

No. 41555.

266 N.W.2d 895 (1978)

201 Neb. 175

Raymond GEIGER, Appellee, v. William SWEENEY, Appellee, Modern Farm Systems, Inc., a corporation, Third-Party Appellant, Monarch Industries, Inc., a corporation, Third-Party Appellee.

Supreme Court of Nebraska.

June 14, 1978.

Attorney(s) appearing for the Case

David B. Smith of Smith & Smith, Lexington, for appellant.

John M. Wightman of Wightman & Falleson, Lexington, for appellee Geiger.

Cook, Lubberstedt & Kopf, Lexington, for appellee Sweeney.

Tye, Worlock, Tye, Jacobsen & Orr, Kearney, for appellee Monarch.

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

SPENCER, Justice.

This is an action based upon breach of an implied warranty of merchantability to recover damages for the destruction of a grain bin which was blown from its foundation by severe winds. The defendant seller filed a third-party complaint against the bin manufacturer and against the company which erected the bin. By stipulation and agreement the seller remained a party to the lawsuit only as a nominal defendant. From a jury verdict in favor of plaintiff...

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