Lindsay International Sales & Service, LLC, appellee.
Michael J. Wegener, an individual, and Jerome Pribil, an individual, appellants.
Directed Verdict: Appeal and Error.
reviewing a trial court's ruling on a motion for directed
verdict, an appellate court must treat the motion as an
admission of the truth of all competent evidence submitted on
behalf of the party against whom the motion is directed; such
being the case, the party against whom the motion is directed
is entitled to have every controverted fact resolved in its
favor and to have the benefit of every inference which can
reasonably be deduced from the evidence.
Directed Verdict: Evidence.
directed verdict is proper at the close of all the evidence
only when reasonable minds cannot differ and can draw but one
conclusion from the evidence, that is, when an issue should
be decided as a matter of law.
a jury instruction is correct is a question of law.
Judgments: Appeal and Error.
reviewing questions of law, an appellate court has an
obligation to resolve the questions independently of the
conclusion reached by the trial court.
Rules of Evidence.
proceedings where the Nebraska Evidence Rules apply, the
admissibility of evidence is controlled by such rules;
judicial discretion is involved only when the rules make
discretion a factor in determining admissibility.
Trial: Evidence: Appeal and Error.
court has the discretion to determine the relevancy and
admissibility of evidence, and such determinations will not
be disturbed on appeal unless they constitute an abuse of
Judges: Words and Phrases.
judicial abuse of discretion exists if the reasons or rulings
of a trial judge are clearly untenable, unfairly [301 Neb. 2]
depriving a litigant of a substantial right and denying just
results in matters submitted for disposition.
Motions for New Trial: Appeal and Error.
appellate court reviews a denial of a motion for new trial
for an abuse of discretion.
Contracts: Words and Phrases.
of consideration means no contract is ever formed because no
consideration exists or none was intended to pass. A failure
of consideration, on the other hand, means the contract is
valid when formed but becomes unenforceable because the
performance bargained for has not been given.
Directed Verdict: Appeal and Error.
follows logically from a jury's findings that a theory on
which a directed verdict was granted could not have been
successful, the directed verdict cannot be said to have
affected the outcome and is, at most, harmless error.
that is irrelevant is inadmissible.
is relevant if it has any tendency to make the existence of
any fact that is of consequence to the determination of the
action more probable or less probable than it would be
without the evidence.
Relevancy requires only that the degree of probativeness be
something more than nothing.
from the District Court for Platte County: Robert R. Steinke,
Stephen L. Ahl and Krista M. Carlson, of Wolfe, Snowden,
Hurd, Luers & Ahl, L.L.P., and Barry D. Geweke, of
Stowell & Geweke, PC, L.L.O., for appellants.
M. Lingelbach and John V. Matson, of Koley Jessen, PC,
L.L.O., for appellee.
Heavican, C.J., Cassel, Stacy, Funke, and Papik, JJ., and
Schreiner, District Judge.
International Sales & Service, LLC (Lindsay), sued
Michael J. Wegener and Jerome Pribil in the district court
for Platte County to collect amounts Lindsay claimed were due
on personal guaranties. The district court granted
Lindsay's motion for a directed verdict on certain
affirmative defenses raised by Wegener and Pribil and
instructed the jury [301 Neb. 3] accordingly. The jury
returned a verdict in favor of Lindsay for the full amount
sought. Wegener and Pribil now appeal. They challenge the
directed verdict, the jury instructions, the ...