MOFFITT-HARRISON BUILDERS, INC. v. SANDMAN

No. 35610.

129 N.W.2d 524 (1964)

177 Neb. 425

MOFFITT-HARRISON BUILDERS, INC., a Corporation, Appellant, v. Charles L. and Marilyn SANDMAN, husband and wife, Appellees.

Supreme Court of Nebraska.

June 26, 1964.


Attorney(s) appearing for the Case

Sarah Jane Cunningham, McCook, for appellant.

D. E. Owens, Benkelman, for appellees.

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


BROWER, Justice.

Plaintiff and appellant, Moffitt-Harrison Builders, Inc., a corporation, brought this action to foreclose a chattel mortgage securing a note executed by both Charles L. Sandman and Marilyn Sandman, husband and wife, defendants and appellees.

The defendants' answer and cross-petition, insofar as need be considered here, alleged the note sued upon was usurious and void, and asked that it be canceled...

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