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L.J. VONTZ CONST. CO. v. ALLIANCE INDUSTRIES

No. 82-406.

338 N.W.2d 60 (1983)

215 Neb. 268

L.J. VONTZ CONSTRUCTION COMPANY, a Nebraska corporation, Appellee, v. ALLIANCE INDUSTRIES, INC., a corporation, and Alliance Electric Company, doing business as Davis Engineering, a corporation, Appellants.

Supreme Court of Nebraska.

September 2, 1983.

Attorney(s) appearing for the Case

John A. Rickerson of Rickerson & Welch, Omaha, for appellants.

Dennis E. Martin and Edward F. Pohren of Dwyer, O'Leary & Martin, P.C., Omaha, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, McCOWN, WHITE, HASTINGS, CAPORALE, and SHANAHAN, JJ.

McCOWN, Justice.

This is an action to recover damages allegedly sustained by the plaintiff as a result of the breach of express and implied warranties in connection with the purchase and sale of an asphalt mix plant manufactured and distributed by the two defendants. A jury returned a verdict of $755,000 in favor of the plaintiff and the defendants have appealed.

On February 5, 1976, the plaintiff, L.J. Vontz Construction Company, placed an order with T.S...

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