Zeller Sand & Gravel v. Butler County

Plaintiff-appellant, Zeller Sand & Gravel, a partnership, alleges defendant-appellee, Butler County, breached its contract to purchase at a stated price all the pit gravel it should require for road purposes during a specified period, as the result of which the former was damaged. The county demurred on the ground Zeller’s operative petition fails to state a cause of action, as, among other things, it does not allege that Zeller had first filed its claim with the county clerk as required by Neb. Rev. Stat. § 23-135 (Reissue 1983). The district court sustained the demurrer and, after Zeller’s…