BERG v. MIDWEST LAUNDRY EQUIPMENT CORPORATION

No. 35409.

124 N.W.2d 699 (1963)

175 Neb. 874

Maurice BERG and June Berg, husband and wife, Appellants and Cross-Appellees, v. MIDWEST LAUNDRY EQUIPMENT CORPORATION, a corporation, Appellee and Cross-Appellee, and Industrial Credit Company, a corporation, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

November 22, 1963.


Attorney(s) appearing for the Case

Ginsburg, Rosenberg & Ginsburg, Norman Krivosha, Lincoln, for appellants.

Young, Denenberg & Mullery, Omaha, Perry & Perry, James V. Risser, Lincoln, for appellees.

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


BOSLAUGH, Justice.

The appellee, Midwest Laundry Equipment Corp., has filed a motion for rehearing in which it contends that the appellants are not entitled to recover the amounts paid to it upon the contract for the purchase of the laundry equipment even though the contract is void. This question was not raised in the briefs or argument in this court until the motion for rehearing was filed.

Upon further consideration of the matter, we are now of the opinion...

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