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DAVIS v. GENERAL MOTORS ACCEPTANCE CORPORATION

No. 35706.

127 N.W.2d 907 (1964)

176 Neb. 865

James A. DAVIS and Joan B. Davis, Appellants, v. GENERAL MOTORS ACCEPTANCE CORPORATION, a corporation and Kinman Chevrolet-Cadillac, Inc., a corporation, Appellees.

Supreme Court of Nebraska.

April 24, 1964.

Attorney(s) appearing for the Case

Wellensiek & DeBacker, Grand Island, for appellants.

Luebs, Elson, Tracy & Huebner, Cunningham & Cunningham, Grand Island, Charles S. Reed, Omaha, Clarence A. Davis, Lincoln, for appellees.

Kerrigan, Line & Martin, Fremont, Nelson, Harding & Acklie, Charles F. Noren, E. D. Warnsholz, Lincoln, for amici curiae.

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

BOSLAUGH, Justice.

On January 31, 1963, James A. Davis and Joan B. Davis, the plaintiffs, entered into a contract of conditional sale for the purchase of a truck from the defendant, Kinman Chevrolet-Cadillac, Inc. Later the contract was assigned to the defendant, General Motors Acceptance Corporation. This action was brought to declare the contract void and to recover the payments which the plaintiffs have made under the contract.

The petition alleged that...

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