TIMMERMAN v. HERTZ

No. 40167.

238 N.W.2d 220 (1976)

195 Neb. 237

Gerald TIMMERMAN and Ronald Timmerman, Appellees, v. Morris HERTZ, Appellant.

Supreme Court of Nebraska.

January 15, 1976.


Attorney(s) appearing for the Case

Robert F. Craig, of Kennedy, Holland, DeLacy & Svoboda, Omaha, for appellant.

Rae Schupack, John Herdzina, of Abrahams, Kaslow & Cassman, Omaha, for appellees.

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


CLINTON, Justice.

The principal underlying question on this appeal is whether the trial court abused its discretion in refusing to permit the defendant to amend his answer to state an affirmative defense at a point in the trial when the plaintiffs had presented their evidence and rested, had moved for a directed verdict, and had presented arguments in support of their motion. The trial court denied the request to amend, granted the motion of the plaintiffs for a directed...

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