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SNYDER v. WOXO, INC.

No. 37468.

177 N.W.2d 281 (1970)

185 Neb. 545

John W. SNYDER, Appellee, v. WOXO, INC., a Corporation, and Margaret Lenhart, Appellants.

Supreme Court of Nebraska.

May 15, 1970.

Attorney(s) appearing for the Case

Dalke & Carlson, Robert A. Miller, Jr., Clarence E. Danley, Beatrice, for appellants.

Wilson, Barlow & Watson, Kile W. Johnson, Lincoln, for appellee.

Morsman, Fike, Sawtell & Davis, Omaha, amicus curiae.

Heard before WHITE, C.J., CARTER, SPENCER, BOSLAUGHT, SMITH and NEWTON, JJ., and HASTINGS, District Judge.

SMITH, Justice.

Plaintiff sued (1) on the loan agreement of Woxo, Inc., in 1969 to pay principal and interest at 12 percent a year and (2) on the agreement of Margaret Lenhart to guarantee part of Woxo's obligation. Defendants presented separate defenses of usury on undisputed facts. Judgment went for plaintiff. Both defendants appeal.

Woxo challenged the constitutionality of section 45-101, R.S.Supp., 1967 (L.B. 13, Laws 1967, c. 276, s. 1, p. 743). Concerning...

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