ANSON v. GRACE

No. 35173.

117 N.W.2d 529 (1962)

174 Neb. 258

Leonard A. ANSON and Christine Anson, Appellees, v. James R. GRACE and Sharon L. Grace, Appellants.

Supreme Court of Nebraska.

October 26, 1962.


Attorney(s) appearing for the Case

Joseph C. Byrne, Omaha, for appellants.

Shrout & Foley, Omaha, for appellees.

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


YEAGER, Justice.

This is an action by Leonard A. Anson and Christine Anson, plaintiffs and appellees, against James R. Grace and Sharon L. Grace, defendants and appellants, to strictly foreclose a written contract to sell and convey certain real estate, alleged to be in default. In the action the defendants filed an answer and counterclaim in statement of a cause of action in rescission of the real estate contract.

A trial was had to the court at the conclusion...

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