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NASCO LAND DEVELOPMENT COMPANY, INC. v. OSBORNE

No. 55701.

210 N.W.2d 638 (1973)

NASCO LAND DEVELOPMENT COMPANY, INC., a corporation, Plaintiff-Appellee, v. Mabel G. OSBORNE, one and the same person as Mabel Osborne, one and the same person as Mabel B. Osborne, Mabel G. Osborne, Executrix in the matter of J. Marion Osborne, Deceased, Defendants-Appellees, and Phillips Petroleum Company, a corporation, Defendant-Appellant.

Supreme Court of Iowa.

September 19, 1973.

Attorney(s) appearing for the Case

Phillip J. Schwartz, Bartlesville, Okl., and Genung & Rogers, Glenwood, for appellant.

Craig F. Swoboda, Omaha, Neb., and Thomas, McGee & Thomas, Glenwood, for plaintiff-appellee.

Edgar E. Cook, Glenwood, for defendants-appellees.

Heard before MOORE, C.J., and RAWLINGS, LeGRAND, REES and UHLENHOPP, JJ.

RAWLINGS, Justice.

Action for specific performance of land purchase contract by plaintiff-optionee against defendants-optionor and opposing optionee. Defendant-optionee appeals from final adjudication granting relief sought by plaintiff. We reverse.

At all times relevant hereto J. Marion Osborne and Mabel G. Osborne, husband and wife, owned a tract of land located in Mills County. June 8, 1969, J. Marion Osborne died. The surviving spouse was thereupon appointed...

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