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HAUMONT v. SECURITY STATE BANK

No. 83-955.

374 N.W.2d 2 (1985)

220 Neb. 809

Lee P. HAUMONT et al., Appellees, v. SECURITY STATE BANK, Broken Bow, Nebraska, Appellant.

Supreme Court of Nebraska.

September 20, 1985.

Attorney(s) appearing for the Case

Gary L. Dolan of Knudsen, Berkheimer, Richardson & Endacott, Lincoln, for appellant.

M.J. Bruckner of Marti, Dalton, Bruckner, O'Gara & Keating, P.C., Lincoln, for appellees.

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

HASTINGS, Justice.

This is an appeal by the defendant, Security State Bank, from a judgment of the district court granting equitable rescission of a guaranty agreement, note, and mortgage executed by the plaintiffs, Lee P. and Letha Haumont. The errors assigned are generally three in nature: (1) The evidence was insufficient to support rescission on the ground of business duress; (2) The evidence failed to establish that proper notice of rescission had been given...

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