CHRISTENSEN v. EASTERN NEB. EQUIP. CO., INC.

No. 41248.

261 N.W.2d 367 (1978)

199 Neb. 741

Ronald CHRISTENSEN, d/b/a Christensen Farms, Appellant, v. EASTERN NEBRASKA EQUIPMENT COMPANY, INC., a Nebraska Corporation, Appellee, v. SNYDER INDUSTRIES, INC., Third Party Defendant and Third Party Plaintiff and Appellee, v. POLY CAL PLASTICS, INC., Third Party Defendant and Appellee.

Supreme Court of Nebraska.

January 11, 1978.


Attorney(s) appearing for the Case

Morgan & Morgan, Fullerton, for appellant.

Luebs, Tracy, Dowding, Beltzer & Leininger, Grand Island, brief of Snyder Industries, Inc.

Kenneth H. Elson, Grand Island, brief of Poly Cal Plastics.

Lauritsen, Baker & Brownell, Grand Island, brief of Eastern Nebraska Equipment Co., Inc.

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


SPENCER, Justice.

This is an action to recover consequential damages for breach of an implied warranty. The county court of Hall County sustained defendant's motion to dismiss made at the conclusion of plaintiff's evidence on the premise that the plaintiff had not proved the breach of an implied warranty of fitness. The judgment was affirmed on appeal to the District Court. We find plaintiff sufficiently proved the breach of an implied warranty of merchantability...

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