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NEBRASKA IM-PRUV-ALL, INC. v. SASS

No. 40685.

247 N.W.2d 924 (1976)

197 Neb. 261

NEBRASKA IM-PRUV-ALL, INC., a Nebraska Corporation, Appellee, Cross-Appellant, v. Wilbert Theodore SASS, Appellant, Cross-Appellee.

Supreme Court of Nebraska.

December 22, 1976.

Attorney(s) appearing for the Case

Hurt & Gallant, Scribner, Daniel A. Smith, Beemer, for appellant.

Nelson, Harding, Marchetti, Leonard & Tate, Duane L. Stromer, Lincoln, for appellee.

Heard before WHITE, C. J., McCOWN, NEWTON and BRODKEY, JJ., and RONIN, District Judge.

RONIN, District Judge.

This is a law action in which the Nebraska Im-Pruv-All, Inc., a corporation, plaintiff and a prime distributor for its franchiser, seeks to recover from the defendant Sass, an area distributor of the plaintiff, on a written franchise agreement for products sold and delivered, and for the additional sum of $1,000 which the plaintiff advanced to the defendant against commissions to be earned by him. The defendant's counterclaim seeks recovery...

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