COYLE v. JANSSEN

No. 44435.

326 N.W.2d 44 (1982)

212 Neb. 785

Ervin G. COYLE, Appellant, v. R. Lee JANSSEN, Appellee.

Supreme Court of Nebraska.

November 5, 1982.


Attorney(s) appearing for the Case

Bert E. Blackwell, McCook, for appellant.

Mousel & Burger, P.C., McCook, for appellee.

Heard before KRIVOSHA, C.J., HASTINGS, and CAPORALE, JJ., DAVIS, District Judge, and COLWELL, District Judge, Retired.


CAPORALE, Justice.

Plaintiff-appellant, Ervin G. Coyle, appeals from a judgment entered pursuant to the jury's verdict which dismissed his contract action against the defendant-appellee, R. Lee Janssen. We affirm.

Plaintiff's sole operating assignment of error is the failure of the trial court to instruct the jury in the language of his proposed instructions to the general effect that the acceptance of benefits nullifies both a condition precedent and any...

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