Retail Merchants Service v. John Bauer & Co.

This is an action to recover damages for breach of contract. It is now before the court on a motion for rehearing.

The plaintiff alleged in his petition that it was a corporation; the answer denied corporate existence, and no reply was filed. There was no evidence in the record to support the allegation, and, both parties moving for a directed verdict, the trial judge dismissed the action. *62The former opinion, which appears at 124 Neb. 360, affirmed the judgment of the trial court.

In the opinion, it is suggested that the plaintiff could not avail itself of the fact that defendant had contracted…