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HANSEN v. E.L. BRUCE CO.

No. 33931.

77 N.W.2d 458 (1956)

162 Neb. 759

Theodore M. HANSEN and Cecilla C. Hansen, Appellees, v. E. L. BRUCE CO., a Corporation, Appellant.

Supreme Court of Nebraska.

June 8, 1956.

Attorney(s) appearing for the Case

Kennedy, Holland, DeLacy & Svoboda, Omaha, for appellant.

Smith & Smith, Omaha, for appellees.

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

BOSLAUGH, Justice.

The objective of this litigation is the recovery of damages from appellant on its written guaranty of the performance by Beal Terminix Company of the obligations of a contract executed by H. J. Erhorn and the Beal Terminix Company resulting from its failure to perform the contract as it is alleged by appellees who are assignees of H. J. Erhorn.

The substance of the petition is that:

H. J. Erhorn made a contract about May 22, 1945...

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