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HILLS v. BURNETT

No. 34923.

125 N.W.2d 66 (1963)

175 Neb. 871

Elvin E. HILLS and Margie Hills, Appellees, v. Earle M. BURNETT, Sr., doing business as Burnett's Home Trailer Sales, Drive-in Realty Company, a Nebraska Corporation, and Earle M. Burnett, Jr., doing business as Tad's Home Trailer Sales, Appellees, Impleaded with the Michigan National Bank, a Corporation, Appellant.

Supreme Court of Nebraska.

November 22, 1963.

Attorney(s) appearing for the Case

Frank B. Morrison, Wilson & Barlow, Lincoln, for appellant.

Nelson, Harding & Acklie, Donald E. Leonard, Charles J. Kimball, Lincoln, for Elvin E. Hills.

William F. Matschullat, Charles W. Phillips, Lincoln, for Earle M. Burnett.

Heard before WHITE, C. J., and CARTER, MESSMORE, YEAGER, BOSLAUGH and BROWER, JJ.

BOSLAUGH, Justice.

This action was brought in the district court for Lancaster County, Nebraska, by Elvin E. Hills and Margie Hills, the plaintiffs, to cancel a contract of conditional sale for the purchase of a house trailer and to recover the payments made upon the contract. After the contract had been executed it was assigned by the defendant, Earle M. Burnett, Sr., to the defendant, Michigan National Bank.

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