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CROWDER v. AURORA CO-OP. ELEVATOR CO.

No. 85-307.

393 N.W.2d 250 (1986)

223 Neb. 704

James E. CROWDER and Jenevieve A. Crowder, Husband and Wife, Appellees and Cross-Appellants, v. AURORA CO-OPERATIVE ELEVATOR COMPANY, a Nebraska Corporation, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

September 5, 1986.

Attorney(s) appearing for the Case

Gerald D. Warren of Whitney, Newman, Mersch, Otto & Warren, Aurora, for appellant and cross-appellee.

Michael H. Powell of Powell & Powell, Aurora, for appellees and cross-appellants.

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

SHANAHAN, Justice.

James E. Crowder sued Aurora Co-operative Elevator Company for breach of a written contract for sale of Crowder's corn, and for damages. From a judgment for $6,833 Co-op appeals and Crowder cross-appeals. We reverse and remand for a new trial.

We review the pleadings, before our examination of the facts. In his petition Crowder alleged four causes of action concerning his written contract for sale of 26,000 bushels of corn to Co-op. As alleged...

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