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HAMMER v. HAMMER'S ESTATE

No. 33081.

51 N.W.2d 609 (1952)

155 Neb. 303

HAMMER v. HAMMER'S ESTATE.

Supreme Court of Nebraska.

February 8, 1952.

Attorney(s) appearing for the Case

Oscar T. Doerr and Paul J. Garrotto, all of Omaha, for appellant.

Webb & Kelley and Joseph H. Mc-Groarty, all of Omaha, for appellee.

Heard before SIMMONS, C. J., and MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

SIMMONS, Chief Justice.

Plaintiff initiated this action by filing a claim against the estate of Caroline Hammer, deceased, based on an alleged oral contract with deceased. The matter was heard in the county court and the claim disallowed. Plaintiff appealed to the district court where issues were made and trial was had. At the close of plaintiff's case-in-chief, defendant moved for a directed verdict or a dismissal. The trial court sustained the motion and dismissed...

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