ERFTMIER v. EICKHOFF

No. 43730.

316 N.W.2d 754 (1982)

210 Neb. 726

Roger ERFTMIER, Appellant and Cross-Appellee, v. Fred EICKHOFF, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

March 5, 1982.


Attorney(s) appearing for the Case

Gaines, Otis, Mullen & Carta, Omaha, for appellant and cross-appellee.

Luebs, Dowding, Beltzer, Leininger & Smith, Grand Island, for appellee and cross-appellant.

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, BRODKEY, WHITE, and HASTINGS, JJ.


McCOWN, Justice.

This is an action on a guaranty and indemnity agreement. The jury returned a verdict for the plaintiff on the first cause of action for "50%" of the interest and principal due on a promissory note, and on the second cause of action, involving a farm agreement, found for the plaintiff and assessed the damages at zero dollars. The District Court granted defendant's motion for a new trial as to the first cause of action, and granted plaintiff's motion...

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