HAGERBAUMER v. HAGERBAUMER BROS., INC.

No. 43245.

305 N.W.2d 4 (1981)

208 Neb. 613

Elsie HAGERBAUMER, Appellant, v. HAGERBAUMER BROTHERS, INC., Appellee.

Supreme Court of Nebraska.

April 24, 1981.


Attorney(s) appearing for the Case

James M. Davis, Dolan, Dinsmore & Davis, Omaha, for appellant.

Neil W. Schilke, Sidner, Svoboda, Schilke, Wiseman & Thomsen, Fremont, for appellee.

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


WHITE, Justice.

This is an action by a stockholder in a closely held family corporation to compel the defendant-appellee corporation to purchase 666 shares of stock in the appellee corporation in accordance with a Buy and Sell Agreement executed October 22, 1976, between the corporation and all stockholders. The trial court determined that the agreement of October 22, 1976, had been rescinded by an agreement of July 1977 and that there was no duty on the part of the...

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