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HIGHWAY EQUIPMENT & SUPPLY CO. v. JONES

No. 36612.

153 N.W.2d 859 (1967)

182 Neb. 234

HIGHWAY EQUIPMENT & SUPPLY CO., a Corporation, Appellee, v. Dewey L. JONES and Buck E. Jones, Appellants.

Supreme Court of Nebraska.

November 3, 1967.

Attorney(s) appearing for the Case

John L. Mattox, R. J. Obbink, Nebraska City, for appellants.

Crosby, Pansing, Guenzel & Binning, Theodore L. Kessner, Lincoln, for appellee.

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

CARTER, Justice.

This is an action on a promissory note in the principal sum of $3,798.37, brought by the plaintiff, Highway Equipment & Supply Co., against the defendants, Dewey L. and Buck E. Jones. Defendants asserted usury as a defense and also that the original indebtedness was the result of misrepresentation and fraud in the sale of a power shovel by plaintiff to defendants. A jury was waived and, after trial, the district court found for the plaintiff for...

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