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HUMBER v. GIBREAL AUTO SALES, INC.

No. 43076.

298 N.W.2d 363 (1980)

207 Neb. 286

Luther HUMBER, Appellee, v. GIBREAL AUTO SALES, INC., Appellant.

Supreme Court of Nebraska.

November 7, 1980.

Attorney(s) appearing for the Case

Steven M. Watson and Timothy J. Cuddigan of Marks, Clare, Hopkins, Rauth & Cuddigan, Omaha, for appellant.

Martin Wm. Penkwitz of White, Lipp, Simon & Powers and James P. Costello of Costello & Dugan, Omaha, for appellee.

Heard before BOSLAUGH, BRODKEY, and WHITE, JJ., and CASE and GARDEN, District Judges.

BOSLAUGH, Justice.

This was an action under Neb.Rev.Stat. § 45-344 (Reissue 1978), arising out of the sale of an automobile to the plaintiff by the defendant. The plaintiff alleged that on or about April 10, 1974, he purchased a 1973 Ford Thunderbird automobile from the defendant for an agreed price of $5,000. The plaintiff paid down $1,000 in cash and signed a "lease" agreement providing for payments of $165 per month for 36 months. The plaintiff sought to recover...

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