court will reach the merits of plain error in jury charge
How later courts described this case
- court will reach the merits of plain error in jury charge
- elements of breach of contract are the existence of a contract and its terms, plaintiff's compliance therewith, defendant's breach, and damages
Written by the judges who cited it.
The opinion
White, C.J.,
dissenting.
I agree with the majority’s discussion of Schuessler v. Benchmark Mktg. & Consulting, 243 Neb. 425 , 500 N.W.2d 529 (1993). However, in this circumstance I believe Schuessler should not be applied because, in my judgment, the errors complained of were in fact caused by the defendant’s counsel in his pleading in which he characterized the asserted matters as affirmative defenses and then failed to object to the instructions. He created error of which he now seeks to take advantage. This should not be permitted.