METSCHKE v. MARXSEN

No. 35478.

125 N.W.2d 684 (1964)

176 Neb. 240

Ralph E. METSCHKE and Margie E. Metschke, Appellants, v. Leland MARXSEN, Appellee.

Supreme Court of Nebraska.

January 10, 1964.


Attorney(s) appearing for the Case

Kerrigan, Line & Martin, Fremont, for appellants.

Sidner, Lee, Gunderson & Svoboda, Fremont, for appellee.

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


CARTER, Justice.

This is a suit in equity to have a conditional sales contract declared null and void under the Nebraska Installment Loan Act, sections 45-138 and 45-155, R.R.S.1943, and to recover payments made thereon. The defendant denied that a sale of the truck involved was consummated or that a loan was made. Defendant further alleged that he was engaged in the trucking business; that he was not engaged in the business of lending money within the provisions...

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