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DEMBOWSKI v. CENTRAL CONSTRUCTION COMPANY

No. 37593.

185 N.W.2d 461 (1971)

186 Neb. 624

Robert DEMBOWSKI, Appellee, v. CENTRAL CONSTRUCTION COMPANY, Appellant, Impleaded with Mel Linsman, Appellee.

Supreme Court of Nebraska.

April 2, 1971.

Attorney(s) appearing for the Case

David Herzog, Omaha, Healey, Healey, Brown & Burchard, Lincoln, for appellant.

H. E. Hurt, Jr., Scribner, for appellee.

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

NEWTON, Justice.

This is an action in equity to reform a contract. The decree of the district court granting plaintiff's prayer for reformation is reversed.

Defendant, Central Construction Company, was in the home improvement business. It sold materials and furnished labor for that purpose. It also employed a number of salesmen on a commission basis. One of defendant's salesmen called on the plaintiff and induced him and his wife to sign a contract for the...

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