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WELLNITZ v. MUCK

No. 36500.

152 N.W.2d 1 (1967)

182 Neb. 22

H. B. WELLNITZ, Appellant, v. Everett MUCK, Appellee.

Supreme Court of Nebraska.

June 30, 1967.

Attorney(s) appearing for the Case

Edmund Hollstein, Rushville, for appellant.

Anderson & Smith, Gordon, for appellee.

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

SMITH, Justice.

The question is whether a 4-year statute of limitations barred recovery on an unsettled account except the latest item, a debit. Plaintiff, a farm implement dealer, commenced this action on August 4, 1965, to recover a principal balance of $5,505.84 for repairs and sales. At the close of his evidence-in-chief the district court directed a $5.04 verdict for him on the latest item. It ruled that the claim was otherwise unenforceable.

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