Legal Opinion · Dissent

Traudt v. Nebraska Public Power District

Nebraska Supreme Court

Decided March 2, 1977No. 40787Published

1DissentMcCown, J.

I have no quarrel with the general principles of law set out in the majority opinion with respect to the parol evidence rule. The application of those rules to the facts pleaded, however, requires an interpretation and construction of the pleadings as well as the facts. In making that interpretation here the majority opinion has failed to apply another basic rule of law. A party who stands on a general demurrer to a petition thereby admits all material facts well pleaded and must take all the consequences which result from such admission. A petition challenged by demurrer charges what by…

2Cases cited2 opinions

  1. MAY PLUMBING COMPANY v. ShaverNebraska Supreme Court · 1967
  2. Hester v. YoungNebraska Supreme Court · 1951

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API