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BROWNING FERRIS v. EATING ESTABLISHMENT

No. A-96-1331.

575 N.W.2d 885 (1998)

6 Neb. App. 608

BROWNING FERRIS INDUSTRIES OF NEBRASKA, INC., Appellee, v. The EATING ESTABLISHMENT—90TH & FORT, INC., doing business as Runza, Appellant.

Court of Appeals of Nebraska.

March 10, 1998.

Attorney(s) appearing for the Case

Carl J. Sjulin and Timothy L. Moll, of Rembolt Ludtke & Berger, Lincoln, for appellant.

Benjamin M. Belmont, of Lustgarten & Roberts, P.C., Omaha, for appellee.

MILLER-LERMAN, C.J., and SIEVERS and INBODY, JJ..

SIEVERS, Judge.

This appeal addresses the question of the enforceability of a contractual provision for liquidated damages. The district court for Douglas County affirmed the Douglas County Court's ruling that The Eating Establishment—90th & Fort, Inc., doing business as Runza (Eating Establishment), breached its contract with Browning Ferris Industries of Nebraska, Inc. (BFI), and was liable for liquidated damages in the amount of $1,074, plus costs.<...

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