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WESTERN SURETY COMPANY v. WELTY

No. 35878.

134 N.W.2d 288 (1965)

178 Neb. 608

WESTERN SURETY COMPANY, a corporation, Appellant, v. Kersey WELTY and Lee Welty, d/b/a Welty Brothers Service Station, Appellees.

Supreme Court of Nebraska.

April 9, 1965.

Attorney(s) appearing for the Case

Munro, Parker & Munro, Jerry J. Grossart, Kearney, for appellant.

Kenneth S. Gotobed, Kearney, for appellees.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ.

WHITE, Chief Justice.

Plaintiff sues defendant Lee Welty on an indemnity agreement contained in an application for a fuel user's bond. The bond issued guaranteed payment of fuel taxes to the State of Nebraska. The district court sustained a motion for judgment on the pleadings and entered a judgment dismissing the action because plaintiff's petition failed to state a cause of action. The plaintiff appeals. We reverse the judgment.

Defendant Lee Welty's motion...

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