Christensen v. Eastern Nebraska Equipment Co.

This is an action to recover consequential damages for breach of an implied warranty. The county court of Hall County sustained defendant’s motion to dismiss made at the conclusion of plaintiff’s evidence on the premise that the plaintiff had not proved the breach of an implied warranty of fitness. The judgment was affirmed on appeal to the District Court. We find plaintiff sufficiently proved the breach of an implied warranty of merchantability and reverse and remand.

Plaintiff purchased a 5,500-gallon polyethylene tank from defendant Eastern Nebraska Equipment Company, Inc., for the purpose…