Opinion

Barks v. Cosgriff Co.

  • 247 Neb. 660
  • 529 N.W.2d 749
  • 1995 Neb. LEXIS 89
Court
Nebraska Supreme Court
Filed
Mar 31, 1995
Status
Published
Author
White
On the bench
White, Caporale, Fahrnbruch, Lanphier, Wright, Connolly
Cited by
40 cases
Authority
More cited than 12.9%

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.