Wibbels v. Unick

Kenneth Fred Unick, conservator for the estate of Fred Unick, appeals from the judgment for Town & County Coop, Scotia, Nebraska (Coop), on Unick’s counterclaim. Unick’s appeal presents a question concerning consequences of a party’s failure to respond timely to a request for admission, pursuant to Neb. Disc. R. 36 (rev. 1986).

Bryan Wibbels commenced an action against Fred Unick and claimed that Unick, as lessor, failed to pay Wibbels, as lessee, an amount due under their farmland lease. Coop filed its petition of intervention in Wibbels’ suit on September 24,1985, and alleged that, relying…