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STEWART TRUCKING, INC. v. PBX, INC.

Nos. 89-427, 89-428.

473 N.W.2d 123 (1991)

238 Neb. 958

STEWART TRUCKING, INC., a Nebraska Corporation, Appellant, v. PBX, INC., a Nebraska and Delaware Corporation, Appellee. Eugene WENZEL, doing business as Wenzel Trucking, an Individual, Appellant, v. PBX, INC., a Nebraska and Delaware Corporation, Appellee.

Supreme Court of Nebraska.

August 23, 1991.

Attorney(s) appearing for the Case

Tim Engler and Gregory D. Barton, of Heron, Burchette, Ruckert & Rothwell, Lincoln, and Stewart B. Mills, Pender, for appellants.

John M. Guthery, of Perry, Guthery, Haase & Gessford, P.C., and, on brief, Michael O. Johanns and Richard A. Peterson, of Peterson Nelson Johanns Morris & Holdeman, Lincoln, for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

SHANAHAN, Justice.

Stewart Trucking, Inc., and Eugene Wenzel, doing business as Wenzel Trucking, each brought a breach of contract action against PBX, Inc., for payment of additional "revenues generated by trip leasing" of equipment which PBX had leased from Stewart and Wenzel.

All parties stipulated that after negotiations preliminary to signing the equipment leases, Stewart and Wenzel agreed to a "compensation" rate at 90 percent of the gross revenues generated...

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