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MUELLER v. KEELEY

No. 34218.

85 N.W.2d 309 (1957)

165 Neb. 243

Emil H. MUELLER and Charles J. Mueller, Appellants, v. Eugene P. KEELEY, Appellee.

Supreme Court of Nebraska.

October 11, 1957.

Attorney(s) appearing for the Case

Charles A. Fisher, Chadron, Dean L. Donoho, Valentine, for appellants.

William B. Quigley, Valentine, Healey, Davies, Wilson & Barlow, Lincoln, for appellee.

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

MESSMORE, Justice.

The plaintiffs, Emil H. Mueller and Charles J. Mueller, brought this action in the district court for Cherry County against Eugene P. Keeley, defendant, for breach of a warranty agreement. By stipulation of the parties a jury was waived and trial had to the court. The court found generally in favor of the defendant and against the plaintiffs and made a specific finding that the plaintiffs, by use of the machine, the subject of a contract between...

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