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TOBIN v. FLYNN & LARSEN IMPLEMENT CO.

No. 85-047.

369 N.W.2d 96 (1985)

220 Neb. 259

Jim TOBIN et al., Appellants, v. FLYNN & LARSEN IMPLEMENT CO., a Nebraska Corporation, Appellee.

Supreme Court of Nebraska.

June 14, 1985.

Attorney(s) appearing for the Case

Clarence E. Mock of Johnson & Mock, Oakland, for appellants.

Neil W. Schilke of Sidner, Svoboda, Schilke, Wiseman, Thomsen & Holtorf, Fremont, for appellee.

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

CAPORALE, Justice.

Appellants, Jim and Susan Tobin, husband and wife, sued appellee, Flynn & Larsen Implement Co., a Nebraska corporation, for damages, alleging three alternative theories of recovery: (1) breach of express warranty, (2) breach of implied warranty, and (3) fraud. The trial court sustained the motion of Flynn & Larsen, requiring the Tobins to elect to proceed either on their breach of warranty theories or on the fraud theory. In accordance with...

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