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NAT. BANK OF COMMERCE TRUST & SAV. v. MITCHELL

No. 42215.

279 N.W.2d 625 (1979)

203 Neb. 634

NATIONAL BANK OF COMMERCE TRUST & SAVINGS ASSOCIATION, a corporation, Appellant, v. Larry D. MITCHELL, JoAnn Mitchell, Adrian L. Mitchell, and Eva L. Mitchell, Appellees.

Supreme Court of Nebraska.

June 5, 1979.

Attorney(s) appearing for the Case

Knudsen, Berkheimer, Endacott & Beam, Lincoln, for appellant.

William W. Griffin, O'Neill, for appellees.

Heard before KRIVOSHA, C. J., CLINTON, and WHITE, JJ., and STANLEY and GITNICK, District Judges.

STANLEY, District Judge.

This is an action on an installment sale contract. On August 10, 1973, defendants, Larry D. Mitchell; his wife, JoAnn Mitchell; and his parents, Adrian L. Mitchell and Eva L. Mitchell, signed an installment sale contract with Harvestgro Irrigation Systems, Inc. This contract involved two Lockwood pivot irrigation systems and accessories. A portion of the cash sale price was financed. On September 26, 1973, the contract was assigned by Harvestgro...

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