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KNOX v. COOK

No. 87-868.

446 N.W.2d 1 (1989)

233 Neb. 387

Kenneth B. KNOX and Marilyn M. Knox, Appellants, v. William W. COOK, Jr., et al., Appellees.

Supreme Court of Nebraska.

September 22, 1989.

Attorney(s) appearing for the Case

John S. Pierce, of Rembolt Ludtke Parker & Berger, Lincoln, for appellants.

James G. Sharp, of Everson, Wullschleger, Sutter, Sharp, Korslund & Willet, Beatrice, for appellees.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, J J.

SHANAHAN, Justice.

Kenneth B. and Marilyn M. Knox brought an action in the district court for Gage County to recover on a personal guaranty signed by the defendants, David O. Carlson, William W. Cook, Jr., and Walter G. Nickel. The district court, after finding that the provisions of the guaranty were ambiguous, received extrinsic evidence regarding the parties' intent for the guaranty and subsequently determined that the defendants were not liable to Knoxes on the...

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