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SOUTHWESTERN TRUCK SALES AND RENTAL CO. v. JOHNSON

No. 34207.

85 N.W.2d 705 (1957)

165 Neb. 407

SOUTHWESTERN TRUCK SALES AND RENTAL COMPANY, a corporation, Appellant, v. H. L. JOHNSON, Appellee.

Supreme Court of Nebraska.

November 8, 1957.

Attorney(s) appearing for the Case

Torgeson, Halcomb & O'Brien, John D. Knapp, Kimball, for appellant.

Martin, Davis, Mattoon, Gerald E. Matzke, Sidney, for appellee.

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

SIMMONS, Chief Justice.

Plaintiff brought suit on a contract allegedly dated April 14, 1954, alleging that there was due and owing to it from the defendant the sum of $14,683.84 after allowance of $4,768.40 which it alleged had been paid. Defendant's answer, subject to admissions, was a general denial.

Defendant further alleged that he had entered into a contract with the plaintiff; pleaded fraud and misrepresentation...

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