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CHRISTIAN v. SMITH

No. S-07-215.

759 N.W.2d 447 (2008)

276 Neb. 867

Chris W. CHRISTIAN and Tabitha Christian, Husband and wife, appellees and cross-appellants, v. Bert SMITH IV, appellee and cross-appellee, and B4 Cattle Company, Inc., appellant and cross-appellee.

Supreme Court of Nebraska.

December 12, 2008.

Attorney(s) appearing for the Case

John C. Hahn, Lincoln and Brett T. Daee, of Jeffrey, Hahn, Hemmerling & Zimmerman, P.C., for appellant and for appellee Bert Smith IV.

Edward F. Fogarty, of Fogarty, Lund & Gross, Omaha, for appellees Chris W. Christian and Tabitha Christian.

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

McCORMACK, J.

I. NATURE OF CASE

This case involves an oral contract. The dispute involves the terms of the oral contract and whether the oral contract was between Chris W. Christian and Bert Smith IV or between Christian and B4 Cattle Company, Inc. (B4), Smith's corporation. Smith claims that the oral agreement was between Christian and B4. Under the terms of the oral agreement, Christian would borrow money from the Citizens National Bank of Wisner, Nebraska...

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