JOHN C. HARRISON, Justice.
This appeal is taken from the district court's action in granting a motion to dismiss plaintiff's complaint as being without merit in fact or law.
On October 24, 1966, plaintiff Fred Kielmann entered into a contract for deed with the defendants Alex B. Mogan and John W. Mogan. During the contract period the deed to the property was to be in the hands of an escrow agent, defendant First Security Bank of Glasgow, for delivery "when...
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