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NEBRASKA BUILDERS PROD. v. INDUS. ERECTORS

No. 89-368.

478 N.W.2d 257 (1992)

239 Neb. 744

NEBRASKA BUILDERS PRODUCTS CO., a Corporation, Appellant, v. The INDUSTRIAL ERECTORS, INC., Appellee.

Supreme Court of Nebraska.

January 3, 1992.

Attorney(s) appearing for the Case

Thomas J. Culhane and Gary L. Hoffman of Erickson & Sederstrom, P.C., Omaha, for appellant.

Edward D. Hotz of Zweiback, Hotz & Lamberty, P.C., Omaha, for appellee.

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

HASTINGS, Chief Justice.

Appellant, Nebraska Builders Products Co. (Nebraska Builders), brought this action against the appellee, The Industrial Erectors, Inc. (Industrial), to recover the excess costs of substitute performance on an alleged purchase contract for cranes. Nebraska Builders appeals from a judgment of the trial court declaring that there was no enforceable contract between the parties but that, instead, the parties contemplated a written contract which...

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