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FRIEHE FARMS, INC. v. HABERMAN

No. 39031.

214 N.W.2d 916 (1974)

191 Neb. 292

FRIEHE FARMS, INC., a Nebraska corporation, Appellee, v. Rex S. HABERMAN and Phyllis L. Haberman, husband and wife, Appellants.

Supreme Court of Nebraska.

February 14, 1974.

Attorney(s) appearing for the Case

Frederick E. Wanek, Grant, William P. Mueller, Ogallala, McGinley, Lane, Mueller, Shanahan & McQuillan, North Platte, for appellants.

Cunningham Law Office, P. C., McCook, for appellee.

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

SPENCER, Justice.

This is an appeal from a decree for specific performance in favor of Friehe Farms, Inc., plaintiff, against defendants Rex S. Haberman and Phyllis L. Haberman, husband and wife. The issue involved is a narrow one: Can specific performance be decreed for the cash price specified in the contract, or did seller have the right to terminate the agreement upon a belief that the buyer could not procure land desired by seller to trade for seller's land?...

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