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Elting v. Elting

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Friday, April 4, 2014

S-13-0551, Perry Elting, Rejean Elting, and Knud Elting, v. Kerwin Elting

Nuckolls County, Judge Vicky L. Johnson

Attorneys: Steven E. Guenzel and Cameron E. Guenzel (Johnson, Flodman, Guenzel, and Widger) (Appellants)--- Daniel E. Klaus and Sheila A. Bentzen (Rembolt Ludtke, L.L.P.)

Civil: Appeal from bench trial entering judgment in favor of Appellees enforcing their rights under a partnership agreement.

Proceedings below: After a bench trial, the court determined that Kerwin lacked authority to enter into the Focal Point contracts on behalf of the partnership, and because he lacked authority he was not shielded from liability by an exculpatory provision in the partnership agreement. The court found him liable to the Appellees for $1,072,175 plus prejudgment interest.

Issues: Kerwin assigns that the District Court erred in (1) finding that Appellant did not have authority to enter into grain contracts on behalf of the partnership, (2) finding that Appellees did not ratify Appellant’s actions in entering the contracts, (3) finding that limitation of liability clause did not shield Appellant from liability, and (4) awarding Appellees prejudgment interest. 

This page was last modified on Friday, April 4, 2014