AGRI-TEK SUPPLY COMPANY v. GAETH

No. 36970.

168 N.W.2d 278 (1969)

184 Neb. 423

AGRI-TEK SUPPLY COMPANY, Appellant, v. Donald D. GAETH, Appellee.

Supreme Court of Nebraska.

May 23, 1969.


Attorney(s) appearing for the Case

John L. Cutright, Fremont, for appellant.

Yost & Yost, Fremont, for appellee.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ., and SCHMIDT, District Judge.


SCHMIDT, District Judge.

This is a suit on a note. The answer set up a claim of usury. Both sides moved for a summary judgment. The case comes here on appeal from an order of the trial court sustaining the defendant's motion for summary judgment and dismissing plaintiff's petition.

In the year 1961, the defendant purchased a portable feed mill and mixer from Champion Portable Mill Company under a written sales contract. The plaintiff, as a dealer for Champion...

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