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TYLLE v. ZOUCHA

No. 85-492.

412 N.W.2d 438 (1987)

226 Neb. 476

John A. TYLLE, Appellant, v. Cyril ZOUCHA, Doing Business as Zoucha Auction & Realty Company, Appellee.

Supreme Court of Nebraska.

September 18, 1987.

Attorney(s) appearing for the Case

George H. Moyer, Jr., of Moyer, Moyer, Egley & Fullner, Madison, for appellant.

Douglas R. Milbourn of Tessendorf, Milbourn & Fehringer, P.C., Columbus, for appellee.

Robert M. Spire, Atty. Gen., and Jill Gradwohl Schroeder, Lincoln, for amicus curiae State of Neb.

Thomas J. Fitchett of Pierson, Ackerman, Fitchett, Akin & Hunzeker, Lincoln, for amici curiae Nat. Ass'n of Realtors and Nebraska Realtors Ass'n.

Richard L. Boucher, Lincoln, for amicus curiae Nebraska Dental Ass'n.

David R. Buntain and Kathleen A. Jaudzemis of Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for amici curiae Nebraska Medical Ass'n, Nebraska Society of Certified Public Accountants, Nebraska Society of Architects, and Nebraska Society of Professional Engineers.

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

WHITE, Justice.

This is an appeal from the district court for Platte County. Appellant, John A. Tylle, originally brought this suit in the district court against the appellee, Cyril Zoucha, doing business as Zoucha Auction & Realty Company, alleging that the appellee negligently failed to sell land the two had contracted to sell by auction.

In the fall of 1980 the parties to this appeal contracted to sell by auction land the appellant owned. The terms...

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