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HAYES v. EQUINE EQUITIES, INC.

No. 89-705.

480 N.W.2d 178 (1992)

239 Neb. 964

David M. HAYES, Appellee, v. EQUINE EQUITIES, INC., Appellant, and John P. Chudy, Appellee.

Supreme Court of Nebraska.

February 14, 1992.

Attorney(s) appearing for the Case

Frederick S. Cassman, of Abrahams, Kaslow & Cassman, Omaha, for appellant.

Reed A. Grandgenett, of Gaines, Mullen, Pansing & Hogan, Omaha, for appellee Hayes.

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

BOSLAUGH, Justice.

This action arose out of a controversy concerning the sale of an interest in a registered quarter horse gelding named "Chocolate Marquis" by the defendant Equine Equities, Inc., to the plaintiff, David M. Hayes. The plaintiff sought to rescind his purchase and recover his cash payment of $22,000, together with his equity in a "trade-in" quarter horse named "Smokeys Gray Too." The trial court found that the defendant John P. Chudy had made fraudulent...

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