Dockendorf v. Orner

Garden, District Judge.

This is an appeal from an order of the District Court for Lancaster County, Nebraska, sustaining a motion for summary judgment filed by the defendant United States Fidelity & Guaranty Company (U.S.F.&G.) to plaintiff’s third amended petition to recover on a surety bond.

Plaintiff’s petition sets forth two causes of action, the first sounding in contract for the unpaid purchase price for cattle sold and delivered by plaintiff to other defendants and against defendant U.S.F.&G. as surety. The second cause of action alleges misrepresentation and fraud on the part of other…