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BLOME v. HOTTELL

No. 41394.

264 N.W.2d 424 (1978)

200 Neb. 528

Herman G. BLOME, Appellant, v. Jess V. HOTTELL and Jessie G. Hottell, Appellees.

Supreme Court of Nebraska.

April 5, 1978.

Attorney(s) appearing for the Case

Wright & Simmons, Scottsbluff, for appellant.

Van Steenberg, Brower, Chaloupka, Mullin & Holyoke, Gering, for appellees.

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

SPENCER, Justice.

This is an action on a note, given for the purchase of cattle. Both parties moved for summary judgment. The court sustained plaintiff's motion and entered judgment in his favor for the balance due on the note, less $5,200 for cattle which did not meet the terms of the agreement between the parties. Plaintiff appeals from the allowance of the $5,200 credit to the defendants. We reverse and remand.

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