Stock v. Meissner

Colwell, D.J., Retired.

Defendant Universal Surety Company (Universal) appeals the entry of a money judgment against it as surety on a grain dealer’s bond, claiming that the summary judgment in favor of the codefendant principal, Louis A. Meissner, discharged the liability of the surety.

There is no dispute as to the facts, which are fully set out in Stock v. Meissner, 209 Neb. 636, 309 N.W.2d 86 (1981), wherein Western Surety Company was the surety party defendant. The suit is based on an oral contract under which the plaintiff, Eugene Stock, and his assignors sold 4,072.32 bushels of corn to…