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H & L EQUIPMENT, INC. v. SCHARDT

No. 83-327.

349 N.W.2d 924 (1984)

217 Neb. 653

H & L EQUIPMENT, INC., Appellee, v. Verland SCHARDT, Appellant.

Supreme Court of Nebraska.

June 22, 1984.

Attorney(s) appearing for the Case

Lyle J. Koenig and Frank J. Daley, Jr., of Germer, Loenig, Murray, Johnson & Daley, Hebron, for appellant.

Ted S. Griess of Baird & Griess, Sutton, and Stephen A. Scherr of Whelan, Foote & Scherr, P.C., Hastings, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, SHANAHAN, and GRANT, JJ., and COLWELL, District Judge, Retired.

PER CURIAM.

H & L Equipment, Inc., sued Verland Schardt in an action alternatively seeking replevin of a used truck scale or damages regarding sale of the scale. In addition to his answer to H & L's petition, Schardt counterclaimed, alleging, generally, H & L's nonperformance of the sales contract, and seeking consequential damages regarding the sale. There was evidence adduced by each party in support of their respective contentions. A recital of the...

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