READY SAND AND GRAVEL COMPANY v. CORNETT

No. 37229.

171 N.W.2d 775 (1969)

184 Neb. 726

READY SAND AND GRAVEL COMPANY, a Nebraska Corporation, now known as All-Mix Concrete and Gravel Co., a Nebraska Corporation, Appellant, v. L. S. CORNETT, Appellee.

Supreme Court of Nebraska.

November 7, 1969.


Attorney(s) appearing for the Case

Schmid, Ford, Snow, Green & Mooney, Keith I. Frederick, Omaha, for appellant.

Alfred A. Fiedler, Omaha, for appellee.

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


CARTER, Justice.

This is a suit in equity to reform a real estate sales agreement and to reduce the price to the number of acres represented as being sold. Claim is also made for attorneys' fees and expenses incurred in unsuccessful litigation with a third party claiming by adverse possession a part of the land conveyed. The trial court found for the defendant and plaintiff has appealed.

On March 31, 1960, Arthur H. Schultz and wife entered into an agreement...

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