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EL FREDO PIZZA, INC. v. ROTO-FLEX OVEN CO.

No. 41194.

261 N.W.2d 358 (1978)

199 Neb. 697

EL FREDO PIZZA, INC., a Nebraska Corporation, and Center Street Pizza, Inc., a Nebraska Corporation, Appellees, v. ROTO-FLEX OVEN CO., a Texas Corporation, Appellant.

Supreme Court of Nebraska.

January 4, 1978.

Attorney(s) appearing for the Case

Eugene L. Pieper of Thompson, Crounse & Pieper, Omaha, for appellant.

James F. Kasher of Brady, Kasher & Pavel, P.C., Omaha, for appellees.

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

BRODKEY, Justice.

In their second amended petition filed in the District Court for Douglas County, El Fredo Pizza, Inc., and Center Street Pizza, Inc., plaintiffs and appellees herein, alleged that defendants Roto-Flex Oven Co. and Kiesel Associates, Inc., had breached implied warranties of merchantability and fitness for a particular purpose in regard to a defective pizza oven sold by defendants to plaintiffs. Plaintiffs prayed for money damages in the amount of...

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