Burgess v. Curly Olney's, Inc
198 Neb. 153, 251 N.W.2d 888 (1977)
Nature of the Case
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Facts
D agreed to sell P three used combines. The total sales price was $2,200. Two hundred dollars was given as a down payment, and P's were to take delivery at D's place of business in McCook, Nebraska. Almost three months later, P still had not taken delivery and D then informed them that their down payment was being returned. D then sold the combines and a hay baler for a total price of $3,400. P sued, and the court awarded them the $200 down payment as they had yet to cash D's check for the returned down payment. P appealed.
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