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STOCO, INC. v. MADISON'S, INC.

No. 88-437.

454 N.W.2d 692 (1990)

235 Neb. 305

STOCO, INC., a Nebraska Corporation, Appellant and Cross-Appellee, v. MADISON'S, INC., a Nebraska Corporation, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

May 11, 1990.

Attorney(s) appearing for the Case

John M. Gerrard, of Domina, Gerrard, Copple & Stratton, P.C., Norfolk, for appellant.

Michael T. Brogan, of Brogan & Stafford, P.C., Norfolk, and Terry R. Wittler, of Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for appellee.

BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT and FAHRNBRUCH, JJ.

BOSLAUGH, Justice.

The plaintiff, Stoco, Inc., filed this action against the defendant, Madison's, Inc., seeking damages for the loss of its 1985 barley crop as a result of the defendant's alleged negligence and breach of warranty in applying agricultural chemicals and fertilizer to certain fields farmed by the plaintiff.

The second amended petition alleged that Madison's was negligent (1) in applying dry urea fertilizer on four of the plaintiff's barley fields...

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