HRDLICKA v. ALLEN

No. 35982.

137 N.W.2d 725 (1965)

179 Neb. 250

Albert F. HRDLICKA, Donald Hrdlicka and Joseph J. Hrdlicka d/b/a Hrdlicka Brothers, Appellees, v. J. P. ALLEN, Appellant.

Supreme Court of Nebraska.

November 5, 1965.


Attorney(s) appearing for the Case

Perry & Perry, Lincoln, H. W. Eisenhart, Cambridge, for appellant.

Ward C. Urbom, Arapahoe, Baylor, Evnen, Baylor & Urbom, Melvin Kammerlohr, Lincoln, for appellees.

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


BOSLAUGH, Justice.

This is an action to recover $1,230 alleged to be due the plaintiffs for calves sold and delivered to the defendant. After the jury had been sworn and opening statements made, the plaintiffs objected to the introduction of any evidence on the ground that the answer failed to state a defense. The trial court sustained the objection and entered judgment for the plaintiffs upon the pleadings. The defendant's motion for new trial was overruled and he...

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