BARKALOW BROS. COMPANY v. ENGLISH

Nos. 33537, 33538.

67 N.W.2d 336 (1954)

159 Neb. 407

BARKALOW BROS. COMPANY, a Corporation, Appellee, v. Jack J. ENGLISH, Appellant, Impleaded with Michael A. English, Appellee. BARKALOW BROS. COMPANY, a Corporation, Appellant, v. Jack J. ENGLISH and Michael A. English, Appellees.

Supreme Court of Nebraska.

December 10, 1954.


Attorney(s) appearing for the Case

Joseph J. Cariotto, Lincoln, for Jack and Michael English.

Van Pelt, Marti & O'Gara, Warren K. Dalton, Lincoln, for Barkalow Bros. Co.

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


BOSLAUGH, Justice.

This litigation concerns a claim of Barkalow Bros. Company against Jack J. English for the purchase price of merchandise allegedly sold and delivered by the former to the latter by virtue of a written contract of the parties, and a claim of Jack J. English that he was not indebted to Barkalow Bros. Company for any amount on any account but that it was indebted to him for wages earned while he was employed by it as a salesman. The trial of the dispute...

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