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KING v. SKY HARBOR AIR SERV., INC.

No. 42223.

281 N.W.2d 209 (1979)

204 Neb. 4

Fred C. KING, Appellant, v. SKY HARBOR AIR SERVICE, INC., a Nebraska Corporation, Appellee.

Supreme Court of Nebraska.

July 10, 1979.

Attorney(s) appearing for the Case

Lyle E. Strom, of Fitzgerald, Brown, Leahy, Strom, Schorr & Barmettler, Omaha, for appellant.

Nelson & Harding, Peter E. Marchetti and Richard S. Reiser, Omaha, for appellee.

Heard before KRIVOSHA, C. J., BRODKEY, and HASTINGS, JJ., and COADY and NORTON, District Judges.

COADY, District Judge.

The plaintiff, Fred C. King, buyer, and the defendant, Sky Harbor Air Service, Inc., seller, contracted in writing for the sale of an airplane. The plaintiff paid $10,000 down. A few days later, the parties agreed to terminate or void the contract.

Subsequently, the plaintiff sued for the return of the downpayment with interest. The defendant counterclaimed alleging the $10,000 was left with the defendant as a downpayment on a second...

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