CHILDRES v. CONSERVATIVE SAV & LOAN

No. 86-842.

429 N.W.2d 325 (1988)

229 Neb. 715

Emmett D. CHILDERS and Susanne K. Childers, Appellants, v. CONSERVATIVE SAVINGS & LOAN ASSOCIATION, a Nebraska Building and Loan Association, Appellee.

Supreme Court of Nebraska.

September 9, 1988.


Attorney(s) appearing for the Case

Victor J. Lich, Jr., of Lich, Herold & Mackiewicz, Omaha, for appellants.

Thomas E. Johnson and Walter H. Goodwin, of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, for appellee.

HASTINGS, C.J., SHANAHAN, and FAHRNBRUCH, JJ., and RILEY and OTTE, District Judges.


OTTE, District Judge.

This is an equitable action for reformation of a promissory note and for a declaratory judgment.

On April 22, 1977, the plaintiffs executed and delivered to defendant their promissory note, which provided in part as follows:

It is understood and agreed that at any time after the expiration of two years from the date of this note, the Association may increase the interest charged on this note to a rate which is 3.25% per annum...

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