Opinion
No. 88-159.
Filed June 8, 1990.
Appeal from the District Court for Douglas County, LAWRENCE J. CORRIGAN, Judge, on appeal thereto from the County Court for Douglas County, JOHN J. McGRATH, Judge, upon the recommendation of the Appellate Division of the District Court, REAGAN, ENDACOTT, and OLBERDING, District Judges. Reversed and remanded for a new trial on the issue of damages.
Robert V. Dwyer, Jr., and Richard D. Cimino, of Dwyer, Pohren, Wood, Heavey Grimm, for appellants.
Richard F. Norris for appellees.
HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.
Upon consideration of the record, briefs, and recommendation of the Appellate Division of the District Court, we find that the evidence supports a judgment in favor of the plaintiffs for misrepresentation, but that because of a failure of proof and error of law, the judgment of the district court is reversed with directions to reverse and remand the cause to the county court for a new trial on the issue of damages.
REVERSED AND REMANDED FOR A NEW TRIAL ON THE ISSUE OF DAMAGES.