ROSS v. ROSS

No. 39332.

219 N.W.2d 756 (1974)

192 Neb. 186

Bernadine ROSS, in her own right and as Administratrix of the Estate of Evert Ross, Deceased, Appellant, v. Esther ROSS et al., Appellees, Impleaded with Melanie Ross et al., Appellants.

Supreme Court of Nebraska.

June 27, 1974.


Attorney(s) appearing for the Case

Robert E. Paulick, Grand Island, for Bernadine Ross.

John A. Wagoner, Grand Island, C. Patrick Shaughnessy, St. Paul, for Melanie Ross and others.

Gwyer Grimminger, Grand Island, for appellees.

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


CLINTON, Justice.

This is an action brought by Bernadine Ross against Esther Ross and others to compel specific performance of an oral contract to convey a 200-acre tract of farmland. The defendant Esther Ross entered a general denial and also pled the statute of frauds. The plaintiff sought equitable relief on the basis of alleged part performance. The plaintiff commenced the action initially both in an individual capacity...

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