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McCULLY, INC. v. BACCARO RANCH

No. S-09-372.

778 N.W.2d 115 (2010)

279 Neb. 443

McCULLY, INC., doing business as McCully Ranch Company, a Nebraska corporation, appellant, v. BACCARO RANCH, a Nebraska limited liability company, appellee.

Supreme Court of Nebraska.

February 12, 2010.

Attorney(s) appearing for the Case

Ward F. Hoppe, Lincoln, and Tonia M. Novak, of Hoppe, Vogt & Barrows, L.L.P., for appellant.

George G. Vinton, North Platte, for appellee.

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

HEAVICAN, C.J.

I. INTRODUCTION

McCully, Inc., doing business as McCully Ranch Company (McCully), appeals the decision of the Hooker County District Court dismissing its amended complaint for failure to state a claim. McCully, a real estate brokerage, claims that Baccaro, Inc., breached a listing agreement and that it should be able to recover a commission from Baccaro under the agreement or, in the alternative, that quantum meruit should apply. The district...

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