HOKE v. WELSH

No. 33956.

77 N.W.2d 659 (1956)

162 Neb. 831

Clair J. HOKE and Leola M. Hoke, husband and wife, Appellees, v. Davis A. WELSH and Irma L. Welsh, husband and wife, Appellants.

Supreme Court of Nebraska.

June 22, 1956.


Attorney(s) appearing for the Case

McGinley, Lane, Powers & McGinley, Ogallala, for appellants.

Firmin Q. Feltz, Ogallala, for appellees.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE and BOSLAUGH, JJ.


CARTER, Justice.

This is an appeal from a summary judgment awarding damages to the plaintiffs in the amount of $1,015.07, with interest at 6 percent from November 2, 1954, for breach of covenants of warranty and seizin. It is the contention of the defendants that the trial court erred in sustaining plaintiffs' motion for a summary judgment and in failing to sustain defendants' motion for a summary judgment.

The record shows that on August 20, 1954, the defendants...

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