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McDOWELL ROAD ASSOC. v. BARNES

No. 40861.

252 N.W.2d 151 (1977)

198 Neb. 207

McDOWELL ROAD ASSOCIATES, a Utah limited partnership, Appellee and Cross Appellant, v. William T. BARNES et al., Appellants and Cross Appellees.

Supreme Court of Nebraska.

April 6, 1977.

Attorney(s) appearing for the Case

Michael A. Kelley, Kelley & Kelley, Omaha, for appellants and cross appellees.

Ray C. Simmons, Fremont, for appellee and cross appellant.

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

McCOWN, Justice.

The plaintiff brought this action against the defendants to recover rentals guaranteed by the defendants. The District Court entered a partial summary judgment and determined the issues for trial. After trial to the court without a jury, the court found for the plaintiff and entered judgment against the defendants in the sum of $7,175.53, plus interest. Motions for new trial by both plaintiff and defendants were overruled. Defendants have appealed...

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