AGRI AFFILIATES, INC. v. BONES

No. S-01-1074.

660 N.W.2d 168 (2003)

265 Neb. 798

AGRI AFFILIATES, INC., Appellee, v. Calvin R. BONES and Audrey J. Bones, Trustees of the Calvin R. and Audrey J. Bones Family Trust, Appellants.

Supreme Court of Nebraska.

May 2, 2003.


Attorney(s) appearing for the Case

Claude E. Berreckman, Jr., of Berreckman & Berreckman, P.C., Cozad, for appellants.

Terrance O. Waite and Keith A. Harvat, of Waite & McWha, North Platte, for appellee.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


HENDRY, C.J.

INTRODUCTION

Agri Affiliates, Inc., sued Calvin R. Bones and Audrey J. Bones, trustees of the Calvin R. and Audrey J. Bones Family Trust, for a commission resulting from the sale of real estate. In their answer, the Boneses pled several defenses and filed a counterclaim for, inter alia, damages resulting from their defense costs in Keller v. Bones, 260 Neb. 202, 615 N.W.2d 883

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