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HEINE v. FLEISCHER

No. 37211.

167 N.W.2d 572 (1969)

184 Neb. 379

Alphonse J. HEINE, Appellant, v. Leonard T. FLEISCHER and Kenneth Fleischer, Appellees.

Supreme Court of Nebraska.

May 2, 1969.

Attorney(s) appearing for the Case

Rice, Rice & Roubicek, Creighton, George F. Johnson, Gregory, S.D., for appellant.

Deutsch & Hagen, Norfolk, Cleo F. Robak, Columbus, for appellees.

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

BOSLAUGH, Justice.

The defendants, Leonard T. Fleischer and Kenneth W. Fleischer, granted an option to the plaintiff, Alphonse J. Heine, to purchase land in Knox County, Nebraska, owned by the defendants. The option was exercised and a deed delivered on March 30, 1962.

This action was brought to recover damages resulting from the failure of the defendants to deliver possession in accordance with their alleged oral agreement. The trial court sustained defendants...

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