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EDWIN BENDER & SONS v. ERICSON LIVESTOCK

No. 86-182.

421 N.W.2d 766 (1988)

228 Neb. 157

EDWIN BENDER AND SONS, a Partnership, Appellant, v. ERICSON LIVESTOCK COMMISSION COMPANY, INCORPORATED, a Nebraska Corporation, Appellee.

Supreme Court of Nebraska.

April 8, 1988.

Attorney(s) appearing for the Case

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

Charles R. Maser, Greeley, for appellee.

BOSLAUGH, CAPORALE, SHANAHAN, and GRANT, JJ., and BURKHARD, District Judge.

SHANAHAN, Justice.

Edwin Bender and Sons, a partnership (Bender), sued Ericson Livestock Commission Company, Incorporated, concerning the condition of consigned cattle sold by auction at that sale barn. From a directed verdict for Ericson, Bender appeals. We reverse and remand for a new trial.

Edwin Bender, a farmer-livestock feeder with more than 30 years' experience, was a partner with his sons in the cattle feeding business. By mail, Edwin received a notice...

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