State v. Branch

Nebraska Advance Sheets STATE v. BRANCH 523 Cite as

290 Neb. 523

court computed damages based on testimony of one of the buyers regarding the cost paid for replacement doors. Because there is no indication that the court relied upon the other wit- ness’ testimony or estimate, any error in the court’s decision to receive such evidence was harmless. CONCLUSION We conclude that the doctrine of merger was inapplicable, because the seller had a duty to disclose that the interior doors would be removed and the seller’s nondisclosure amounted to a misrepresentation. We further conclude that the doors…