PAR 3, INC. v. LIVINGSTON

Nos. S-03-494, S-03-495.

686 N.W.2d 369 (2004)

268 Neb. 636

PAR 3, INC., a Nebraska corporation, appellant, v. Dan LIVINGSTON, appellee. Cornhusker Nursery, Inc., a Nebraska corporation, appellant, v. Dan Livingston, appellee.

Supreme Court of Nebraska.

September 10, 2004.


Attorney(s) appearing for the Case

Eric W. Kruger and Ryan M. Sewell, of Rickerson, Kruger & Ratz, L.L.C., Omaha, for appellants.

Martin P. Pelster and John M. Prososki, of Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger, L.L.C., Omaha, for appellee.

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


PER CURIAM.

NATURE OF CASE

The appellants, Par 3, Inc., and Cornhusker Nursery, Inc. (Cornhusker), each brought suit against Dan Livingston for breach of contract. The actions were subsequently consolidated for trial. The Douglas County District Court found that Livingston was not personally liable for breach of the contract and, accordingly, dismissed Par 3's and Cornhusker's petitions.

FACTS

In April 1995, Livingston and an associate...

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