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GLOVER v. WURTELE

No. 84-085.

367 N.W.2d 121 (1985)

219 Neb. 812

Fred GLOVER, Appellee, v. C.A. WURTELE, Appellant.

Supreme Court of Nebraska.

May 3, 1985.

Attorney(s) appearing for the Case

Otto H. Wellensiek and Max J. Kelch of Wellensiek, Rehmeier & Kelch, Nebraska City, for appellant.

John F. Steinheider of Hoch & Steinheider, Nebraska City, for appellee.

KRIVOSHA, C.J., CAPORALE, SHANAHAN, and GRANT, JJ., and COLWELL, District Judge, Retired.

PER CURIAM.

Fred Glover sued to recover on C.A. Wurtele's promissory note given to pay a balance due on an agreement between Glover and Wurtele for purchase of Glover's shares of capital stock issued by Mid-America Express, Inc. Wurtele answered Glover's petition, prayed for certain setoffs, and counterclaimed, seeking reformation of the agreement on the ground of mutual mistake.

Since this case is an action in equity, we review this matter de novo on the...

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