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BRUNING SEEDING CO. v. McARDLE GRADING

No. 87-972.

439 N.W.2d 789 (1989)

232 Neb. 181

BRUNING SEEDING COMPANY, Appellee and Cross-Appellant, v. McARDLE GRADING COMPANY, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

May 19, 1989.

Attorney(s) appearing for the Case

Malcolm D. Young and Jeff C. Miller, of Young & White, Omaha, for appellant and cross-appellee.

Thomas R. Wolff, Omaha, for appellee and cross-appellant.

HASTINGS, C.J., WHITE, SHANAHAN, and FAHRNBRUCH, JJ., and McGINN, District Judge.

WHITE, Justice.

This is an appeal and cross-appeal from the district court for Douglas County following a verdict for the plaintiff in a contract action. In a trial to the bench, the court returned a verdict for the plaintiff in the amount of $19,580.

There are many contested facts in this case; however, in an action at law, where a jury has been waived and evidence is in conflict, the Supreme Court, in reviewing the judgment, will presume that controverted...

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