LINCOLN EQUIPMENT COMPANY v. EVELAND

No. 35076.

112 N.W.2d 755 (1962)

173 Neb. 174

LINCOLN EQUIPMENT COMPANY, a corporation, Appellant, v. Paul R. EVELAND, Appellee.

Supreme Court of Nebraska.

January 12, 1962.


Attorney(s) appearing for the Case

Don Bergquist, Jr., Omaha, for appellant.

Marti, O'Gara, Dalton & Sheldon, Lincoln, for appellee.

Heard before CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ.


CARTER, Justice.

This is a suit on a promissory note for the balance due. The defendant asserted by answer that he signed the note in a representative capacity only and that he is not personally bound on the note. Defendant also prayed for a reformation of the note to show his representative capacity. The trial court found for the defendant, ordered a reformation of the note, and dismissed the action.

The evidence shows that prior to August 19, 1959, the Meadow...

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