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MARINE EQUIPMENT & SUPPLY CO. v. WELSH

No. 38263.

196 N.W.2d 911 (1972)

188 Neb. 385

MARINE EQUIPMENT & SUPPLY CO., a Nebraska Corporation, Appellee, v. Don WELSH, Appellant.

Supreme Court of Nebraska.

April 27, 1972.

Attorney(s) appearing for the Case

Leamer & Galvin, John C. Baker, South Sioux City, for appellant.

Smith, Smith & Boyd, South Sioux City, for appellee.

Heard before SPENCER, SMITH, and NEWTON, JJ., and STUART and BUCKLEY, District Judges.

SMITH, Justice.

The district court on appeal from county court found Don Welsh guilty of unlawful and forcible detention of business premises for nonpayment of rent. It ordered restitution to Marine Equipment and Supply Co. Welsh appeals. He contends that nonpayment of rent under the circumstances constituted no ground for eviction.

On April 1, 1969, Marine verbally leased premises in South Sioux City to Welsh for a month-to-month term. The rent was to be...

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