Winchell v. NATIONAL BANK OF COMMERCE T. & S. ASS'N

152 N.W.2d 1 (1967)

181 Neb. 870

Kenneth WINCHELL, d/b/a Premier Mineral Upgrading Company, Appellant,

v.

NATIONAL BANK OF COMMERCE TRUST AND SAVINGS ASSOCIATION, a corporation, Appellee.

No. 36505.

Supreme Court of Nebraska.

June 23, 1967.

Matthews, Kelley & Cannon, Martin A. Cannon, Omaha, for appellant.

Mattson, Ricketts & Gourlay, Lincoln, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, J J.

WHITE, Chief Justice.

This is a jury-waived law action, in which the district court, as the fact finder, found against the plaintiff on the issue of whether the…