# Abbott v. Abbott

> Nebraska Supreme Court · March 3, 1972 · 188 Neb. 61

URL: https://www.frixlaw.com/law-library/cases/9687992

## Case

- **Full name:** Arthur J. Abbott, Appellee and Cross-Appellant, v. Ethel S. Abbott, Appellant and Cross-Appellee
- **Court:** Nebraska Supreme Court
- **Decided:** March 3, 1972
- **Citations:** 188 Neb. 61; 195 N.W.2d 204; 1972 Neb. LEXIS 742
- **Precedential status:** Published
- **Opinion:** Concurrence by Clinton
- **Judges:** White, Spencer, Boslaugh, Smith, McCown, Newton, Clinton
- **Cited by:** 34 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9687992

## Opinion text

Clinton, J.,
concurring.
I concur in the result and in the opinion of the court, but I would deal with the issues raised by the “receipt” as follows. The recital in the “receipt” re “the only oral promise” was at most merely an admission against interest. In any event it is ambiguous on its face as to whether it pertains to the transaction which is the basis of the suit. Dunn v. Alexander, 104 Neb. 628 , 178 N. W. 215 , governs. The receipt raised only a jury question and the jury found for Arthur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9687992. Public record. Not legal advice.