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KOMETSCHER v. WADE

No. 35618.

128 N.W.2d 781 (1964)

177 Neb. 299

Martin KOMETSCHER and Jeanne Kometscher, husband and wife, Appellees, v. Ted WADE, dba Ted's Mobile Homes, Lincoln, Nebraska, Appellee, Impleaded with Mobile Home Finance Company, a corporation, Appellant.

Supreme Court of Nebraska.

June 5, 1964.

Attorney(s) appearing for the Case

Crosby, Pansing, Guenzel & Binning, Theodore L. Kessner, Donn E. Davis, Lincoln, for appellant.

Kier, Cobb & Luedtke, Dennis Sulc, Janice L. Gradwohl, Lincoln, for appellees.

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

SPENCER, Justice.

This action involved a conditional sales contract on a house trailer purchased by Martin Kometscher and Jeanne Kometscher, plaintiffs, hereinafter referred to as such, from Ted Wade, doing business as Ted's Mobile Homes, and assigned to Mobile Home Finance Company, a corporation, defendants. The trial court found the contract to be usurious, declared the note and contract void and uncollectible, ordered the defendants to deliver the certificate of...

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