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FRICKE v. HART

No. 42825.

294 N.W.2d 737 (1980)

206 Neb. 590

Eldon FRICKE, Appellant, v. Harold HART and Mildred L. Hart, doing business as Hart Construction Company, Appellees.

Supreme Court of Nebraska.

July 1, 1980.

Attorney(s) appearing for the Case

Edward Asche, Schuyler and Ray C. Simmons, Fremont, for appellant.

Tessendorf, Milbourn, Fehringer & Bothe, P.C., Columbus and Otradovsky & Bieber, Schuyler, for appellees.

Heard before BOSLAUGH, BRODKEY, and HASTINGS, JJ., and BUCKLEY and WINDRUM, District Judges.

WINDRUM, District Judge.

This action prayed that a sale of heavy equipment from the defendants to the plaintiff be canceled and decreed to be null and void and that, upon such cancellation, plaintiff have judgment against the defendants and each of them for the purchase price of said heavy equipment. The defendants filed a motion for summary judgment which was sustained by the District Court for Colfax County, Nebraska, and the plaintiff has appealed.

Plaintiff...

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