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ZELLER SAND & GRAVEL v. BUTLER COUNTY

No. 85-303.

388 N.W.2d 62 (1986)

222 Neb. 847

ZELLER SAND & GRAVEL, A Partnership, Appellant, v. BUTLER COUNTY, NEBRASKA, Appellee.

Supreme Court of Nebraska.

May 30, 1986.

Attorney(s) appearing for the Case

James C. Stecker and, on brief, David A. Beck of Baker & Beck, P.C., Columbus, for appellant.

James L. Birkel, Butler Co. Atty., for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

CAPORALE, Justice.

Plaintiff-appellant, Zeller Sand & Gravel, a partnership, alleges defendant-appellee, Butler County, breached its contract to purchase at a stated price all the pit gravel it should require for road purposes during a specified period, as the result of which the former was damaged. The county demurred on the ground Zeller's operative petition fails to state a cause of action, as, among other things, it does not allege that Zeller had first filed...

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