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MINTKEN v. NEBRASKA SURETY COMPANY

No. 37863.

188 N.W.2d 819 (1971)

187 Neb. 215

Elmer MINTKEN, Appellee, Cross-Appellant, v. NEBRASKA SURETY COMPANY, a Corporation, Appellant, Cross-Appellee.

Supreme Court of Nebraska.

July 9, 1971.

Attorney(s) appearing for the Case

Marti, O'Gara, Dalton & Bruckner, Robert M. O'Gara, Lincoln, for appellant.

Moyer & Moyer, Madison, for appellee.

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

SMITH, Justice.

Elmer Mintken sued the surety on a grain warehouseman bond for the balance due on an alleged sale of corn by Mintken to the principal. The district court directed a verdict for Mintken, and it rendered judgment for $4,215, the alleged balance due, without interest to date. Defendant appeals. It contends that the sale was made to one other than the principal. Mintken cross-appeals. He contends that he was entitled to interest from date of delivery of...

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