Berg v. Midwest Laundry Equipment Corp.

Citation175 Neb. 874,124 N.W.2d 699
Decision Date22 November 1963
Docket NumberNo. 35409,35409
PartiesMaurice BERG and June Berg, husband and wife, Appellants and Cross-Appellees, v. MIDWEST LAUNDRY EQUIPMENT CORPORATION, a corporation, Appellee and Cross-Appellee, and Industrial Credit Company, a corporation, Appellee and Cross-Appellant.
CourtSupreme Court of Nebraska

Appeal from District Court, Lancaster County; Ronin, Judge.

Ginsburg, Rosenberg & Ginsburg, Norman Krivosha, Lincoln, for appellants.

Young, Denenberg & Mullery, Omaha, Perry & Perry, James V. Risser, Lincoln, for appellees.


BOSLAUGH, Justice.

The appellee, Midwest Laundry Equipment Corp., has filed a motion for rehearing in which it contends that the appellants are not entitled to recover the amounts paid to it upon the contract for the purchase of the laundry equipment even though the contract is void. This question was not raised in the briefs or argument in this court until the motion for rehearing was filed.

Upon further consideration of the matter, we are now of the opinion that the cause should be remanded to the district court with directions to determine the amount of the payments made by the appellants to the Midwest Laundry Equipment Corp. and whether the appellants should recover this amount from the Midwest Laundry Equipment Corp. in view of our determination concerning the validity of that contract.

Our opinion in this case filed on June 14, 1963, 175 Neb. 423, 122 N.W.2d 250, is modified accordingly. The motion for rehearing is overruled.

Original opinion modified.

Motion for rehearing overruled.

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5 cases
  • Industrial Credit Company v. Berg
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • January 30, 1968
    ...Bergs could recover these amounts from Midwest in view of the declared invalidity of the contract. Berg v. Midwest Laundry Equipment Corp., 175 Neb. 874, 124 N.W.2d 699 (1963) (Berg II).2 The basic question at issue — whether appellant is precluded from maintaining an action on the contract......
  • Willan v. Farrar
    • United States
    • Supreme Court of Nebraska
    • November 29, 1963
  • Draemel v. Rufenacht, Bromagen & Hertz, Inc., 85-289
    • United States
    • Supreme Court of Nebraska
    • August 15, 1986
    ...declarations, or conduct of an agent. See Berg v. Midwest Laundry Equipment Corp., 175 Neb. 423, 122 N.W.2d 250 (1963), supp. op. 175 Neb. 874, 124 N.W.2d 699. See, also, Wolfson Car Leasing Co., Inc. v. Weberg, Although RB & H and Chapman contend that there are no acts or omissions traceab......
  • Berg v. Midwest Laundry Equipment Corp., 35888
    • United States
    • Supreme Court of Nebraska
    • May 28, 1965
    ...122 N.W.2d 250, where the facts involved are set forth. A supplemental opinion entered after a motion for rehearing appears in 175 Neb. 874, 124 N.W.2d 699. At the first trial in the district court, the trial court overruled a special appearance of the defendant Industrial Credit Company ob......
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