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COUNTRYSIDE MOBILE HOMES, ETC. v. SCHADE

No. 42191.

281 N.W.2d 756 (1979)

204 Neb. 209

COUNTRYSIDE MOBILE HOMES OF LINCOLN, INC., Appellant, v. Ruby E. SCHADE, Appellee.

Supreme Court of Nebraska.

July 31, 1979.

Attorney(s) appearing for the Case

Sampson, Curry & Hummel, Central City, for appellant.

O. Wm. VonSeggern, of Cunningham, Blackburn, VonSeggern, Livingston & Francis, Grand Island, for appellee.

Heard before KRIVOSHA, C. J., McCOWN, and WHITE, JJ., and RONIN and HAMILTON, District Judges.

HAMILTON, District Judge.

This is an action tried to the court without a jury. Countryside Mobile Homes of Lincoln, Inc., appellant, filed an action in replevin against Ruby Schade, appellee, for the return of a 1977 Liberty mobile home purchased by appellee under an installment sales contract. The appellee filed an answer and cross-petition alleging she had rescinded the original contract and was entitled to the return of her downpayment. The appellant answered and...

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