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LEWIS v. HISKEY

No. 34341.

89 N.W.2d 132 (1958)

166 Neb. 402

Vernon LEWIS, dba Lewis Oil Company, Appellee, v. Oscar HISKEY, Appellant.

Supreme Court of Nebraska.

April 4, 1958.

Attorney(s) appearing for the Case

J. Max Harding, E. D. Warnsholz, Lincoln, for appellant.

Ginsburg, Rosenberg & Ginsburg, Lincoln, for appellee.

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

CHAPPELL, Justice.

Plaintiff, Vernon Lewis, doing business as Lewis Oil Company, originally filed this action against defendant, Oscar Hiskey, in the municipal court where defendant was admittedly served with summons on December 14, 1955. Therein and on appeal to the district court, plaintiff sought to recover upon an alleged open running unpaid general account for petroleum products purchased by defendant, the date of the last purchase being December 15, 1951. In...

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