DIEFENBAUGH v. RACHOW

No. S-91-543.

508 N.W.2d 575 (1993)

244 Neb. 631

Lyle H. DIEFENBAUGH and Maxine Diefenbaugh, Appellants, v. Buford RACHOW and Virginia Rachow, Appellees.

Supreme Court of Nebraska.

December 3, 1993.


Attorney(s) appearing for the Case

Greg C. Harris, Kearney, for appellants.

Larry W. Beucke, of Parker, Grossart, Bahensky & Beucke, Kearney, for appellees.

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


LANPHIER, Justice.

This is an action for the collection of two debts. The first cause of action is based on an unsecured, written promissory note. The second regards plaintiffs' attempt to recover a deficiency judgment for the balance due on a secured note after repossession of the collateral. The district court found plaintiffs were entitled to enforce the unsecured promissory note, but defendants were entitled to a partial setoff against plaintiffs' claims. The...

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