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McCaulley v. Nebraska Furniture Mart, Inc.

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Wednesday, April 10, 2013

A-12-0463, Richard McCaulley and Michelle McCaulley, husband and wife, (Appellants) v. Nebraska Furniture Mart Inc., a Nebraska corporation

Douglas County, District Court Judge Timothy P. Burns

Attorney for Appellant:  Jason R. Fendrick, John G. Liakos (Liakos & Matukewicz LLP

Attorney for Appellee:  Brian T. McKernan (McGrath North Mullin & Kratz, PC LLO

Civil Action:  Breach of Contract

Action Taken by Trial Court:  The trial court entered judgment in favor of NFM.

Assignments of Error on Appeal:  Appellants assert on appeal that the district court erred in finding a pricing error provision to be part of the parties’ contract, in finding the provision was not ambiguous, and in finding that the provision authorized NFM to change the terms of sale, and in denying damages and specific performance.


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