McCUBBIN v. BUSS

No. 36124.

144 N.W.2d 175 (1966)

180 Neb. 624

W. G. McCUBBIN, Appellant, v. Harold H. BUSS et al., Appellees.

Supreme Court of Nebraska.

July 22, 1966.


Attorney(s) appearing for the Case

Ellick, Spire & Ryan, Omaha, for appellant.

Eisenstatt, Lay, Higgins & Miller, Daniel B. Kinnamon, Omaha, for appellees.

Heard before CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ., and KUNS, District Judge.


SMITH, Justice.

Plaintiff sued for rescission of an agreement which allegedly had been induced by business coercion. On this appeal from an adverse judgment he contends that the evidence establishes business coercion and that he effectively exercised his power to avoid the transaction.

The parties to the agreement, which discharged a prior stock-purchase contract, included defendant Goodrich Dairy, Inc., a close corporation, and its stockholders who were parties...

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