Label Concepts v. Westendorf Plastics, Inc.

I. STATEMENT OF CASE

In this action at law brought under the provisions of the sales article of the Uniform Commercial Code, Neb. U.C.C. §§ 2-101 through 2-616 (Reissue 1992), the plaintiff-appellant, Label Concepts, seeks to recover $11,550.42 plus prejudgment interest for goods sold under oral orders to the defendant-appellee, Westendorf Plastics, Inc., doing business as ASC Whirlpool. Westendorf asserts that because the goods were “unfit,” it is not indebted to Label Concepts, and further pleads a setoff and separate counterclaim. Following a bench trial, the district court entered…