CIMINO v. W.A. PIEL, INC.

No. 86-513.

416 N.W.2d 505 (1987)

227 Neb. 196

Terrence T. CIMINO, Appellant, v. W.A. PIEL, INC., A Nebraska Corporation, Appellee.

Supreme Court of Nebraska.

December 18, 1987.


Attorney(s) appearing for the Case

George O. Rebensdorf, Omaha, for appellant.

J. Thomas Rowen of Miller, Carpenter, Rowen, Fitzgerald & Coe, P.C., Omaha, for appellee.

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


PER CURIAM.

Plaintiff, Terrence (Terry) Cimino, has appealed from the court's judgment dismissing his cause of action. The relevant assignment of error is that the trial court failed to find that plaintiff had proved his right to recover on an open account.

The procedural posture of this case is somewhat misleading and confusing. Both parties refer to plaintiff's action as one for an accounting. However, in his amended petition, plaintiff simply alleges that...

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