SVOBODA v. DE WALD

No. 33615.

68 N.W.2d 178 (1955)

159 Neb. 594

Billie B. SVOBODA and William M. Svoboda, Co-partners, doing business under the firm name and style of Svoboda & Son, Appellants, v. Ralph O. DE WALD, Appellee.

Supreme Court of Nebraska.

January 14, 1955.


Attorney(s) appearing for the Case

Robert B. Waring, Geneva, for appellants.

W. O. Baldwin, Hebron, Davis, Healey, Davies & Wilson and Robert A. Barlow, Jr., Lincoln, for appellee.

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


SIMMONS, Chief Justice.

In this action plaintiffs seek to recover judgment on a contract for real estate commission. Issues were joined. At the beginning of the trial, the defendant objected to the introduction of any evidence on the ground that the petition did not state a cause of action for the reason that the relief sought was based on an oral contract within the statute of frauds. The trial court sustained the objection...

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