H. D. FAGER OIL CO., INC. v. VAINCE

No. 39514.

224 N.W.2d 372 (1974)

192 Neb. 789

H. D. FAGER OIL CO., INC., Appellant, v. Kaer P. VANICE, 3rd d/b/a Vanice Car Wash, Appellee.

Supreme Court of Nebraska.

December 26, 1974.


Attorney(s) appearing for the Case

Hal Bauer, Bauer, Gaiter & Geier, Lincoln, for appellant.

J. Taylor Greer, of Woods, Aitken, Smith, Greer, Overcash & Spangler, Lincoln, for appellee.

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


NEWTON, Justice.

This is an action to recover under an oral contract for petroleum products sold and delivered. The defendant claimed certain credits were due him including one for overcharges on gasoline. This credit was allowed by the District Court and is the only subject of the appeal. We affirm the judgment of the District Court.

In substance, plaintiff's assignment of error challenges the sufficiency of the evidence to sustain the allowance of the credit...

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