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SCHUELKE v. WILSON

No. S-93-1123.

549 N.W.2d 176 (1996)

250 Neb. 334

Dennis D. SCHUELKE, Appellant and Cross-Appellee, v. David L. WILSON, Appellee and Cross-Appellant, and Business Brokers of York and Maaco Enterprises, Inc., appellees.

Supreme Court of Nebraska.

June 21, 1996.

Attorney(s) appearing for the Case

Terry C. Dougherty, of Knudsen, Berkheimer, Richardson & Endacott, and Terry K. Barber, Lincoln, for appellant.

Mark J. Peterson, of Erickson & Sederstrom, P.C., Omaha, for appellee Wilson.

WHITE, C.J., and CAPORALE, LANPHIER, WRIGHT, CONNOLLY and GERRARD, JJ.

WHITE, Chief Justice.

This action was brought by Dennis D. Schuelke, seeking rescission of an agreement with David L. Wilson for the purchase of an auto paint and body repair franchise in Lincoln, Nebraska. Schuelke pleaded theories of fraudulent concealment and fraudulent misrepresentation. Wilson filed a counterclaim, requesting payment of two promissory notes executed by Schuelke. The district court ordered rescission. The court, however, held that no further transfers...

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