KOTAS v. SORENSEN

No. 82-801.

345 N.W.2d 1 (1984)

216 Neb. 648

Lumir T. KOTAS and Dorothy E. Kotas, Appellees, v. George M. SORENSEN, Appellant.

Supreme Court of Nebraska.

March 2, 1984.


Attorney(s) appearing for the Case

W. Travis Burney, Lincoln, for appellant.

Joseph J. Cariotto, Lincoln, for appellees.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.


GRANT, Justice.

On November 1, 1969, plaintiffs, Lumir T. and Dorothy E. Kotas, entered into a written agreement with George M. Sorensen. The Kotases gave Sorensen $5000, which Sorensen agreed to repay within 60 days after written demand. Sorensen also agreed to pay 4 percent interest per quarter on the borrowed sum. The legal interest rate at the time was 9 percent per annum.

On February 1, 1974, Sorensen wrote to Mr. Kotas as follows: "As you remember on...

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