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MARTIN v. ZWEYGARDT

No. 41438.

261 N.W.2d 379 (1978)

199 Neb. 770

Ervin MARTIN, Appellee, v. Delmer ZWEYGARDT, Appellant.

Supreme Court of Nebraska.

January 11, 1978.

Attorney(s) appearing for the Case

Holtorf, Hansen, Kovarik & Nuttleman, P. C., Gering, for appellant.

Wright & Simmons, Scottsbluff, for appellee.

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

BOSLAUGH, Justice.

This was an action for damages for a breach of warranty in the sale of a farm tractor at auction. The county court held the plaintiff's evidence as to damages was inadequate and dismissed the action at the close of the plaintiff's evidence. The plaintiff appealed to the District Court where the judgment of the county court was vacated and the cause remanded for a new trial in the county court on all issues.

The defendant has appealed to...

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