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STATE FARM MUTUAL AUTOMOBILE INS. CO. v. McCARTY

No. 35620.

127 N.W.2d 284 (1964)

176 Neb. 718

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Larry and Marilyn McCARTY, husband and wife, Appellees.

Supreme Court of Nebraska.

March 27, 1964.

Attorney(s) appearing for the Case

Sarah Jane Cunningham, McCook, for appellant.

Russell & Colfer, McCook, for appellees.

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

BOSLAUGH, Justice.

This is a suit upon a conditional sale contract brought by State Farm Mutual Automobile Insurance Company as plaintiff against Larry McCarty and Marilyn McCarty. A jury was waived and the action tried to the court. The trial court found generally for the defendants and dismissed the action. The plaintiff's motion for new trial was overruled and it has appealed.

There is no dispute concerning the facts. In 1959 the defendants purchased a...

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