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MID-AMERICA APPLIANCE CORP. v. FED. FINANCE CO.

No. 34949.

109 N.W.2d 381 (1961)

172 Neb. 270

MID-AMERICA APPLIANCE CORPORATION, Appellee, v. FEDERATED FINANCE COMPANY, a Partnership, Appellant, Impleaded with Consumers Mart, Inc., a Corporation, Appellee.

Supreme Court of Nebraska.

May 26, 1961.

Attorney(s) appearing for the Case

Wagener, Marx & Galter, Lincoln, for appellant.

Viren, Emmert, Hilmes & Gunderson, Eleanor Knoll Swanson, Omaha, for Mid-America Appliance Corp.

Emory P. Burnett, Lincoln, for Consumers Mart, Inc.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ.

BOSLAUGH, Justice.

This is an action for an accounting brought by Mid-America Appliance Corporation, the appellee, who will be referred to as plaintiff, against Federated Finance Company, the appellant, who will be referred to as defendant. The plaintiff recovered judgment in the sum of $4,285.57 in the trial court. The defendant's motion for new trial was overruled, and the defendant appealed.

The defendant's assignments of error are, in substance, that the...

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