WELLER v. PUTNAM

No. 37119.

171 N.W.2d 767 (1969)

184 Neb. 692

E. C. WELLER, Appellee, v. L. D. PUTNAM, Appellant.

Supreme Court of Nebraska.

October 24, 1969.


Attorney(s) appearing for the Case

Dudley Herman, Gregory, S. D., Milton C. Murphy, North Platte, for appellant.

Farnam & Cassel, Ainsworth, Jewell, Otte & Pollock, Norfolk, for appellee.

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


WHITE, Chief Justice.

Plaintiff brought an action to collect the balance remaining on a demand promissory note less an amount credited to defendant involving a split of real estate loan fees. The original note, executed October 14, 1963, was for $60,000, defendant had repaid $10,000 on November 13, 1963, and $15,000 on December 3, 1963. Defendant cross-petitioned praying for an accounting. The district sustained demurrers to the first and second causes of action of...

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