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DONAHOO v. HOME OF THE GOOD SHEPHERD OF OMAHA

No. 39762.

228 N.W.2d 287 (1975)

193 Neb. 586

Kenneth M. DONAHOO and Nelsie R. Donahoo, Appellants, v. HOME OF THE GOOD SHEPHERD OF OMAHA, INC., a corporation, Appellee.

Supreme Court of Nebraska.

April 24, 1975.

Attorney(s) appearing for the Case

Michael McCormack and Michael J. Mooney of McCormack, Cooney & Mooney, Omaha, for appellants.

Charles R. H. Kluver and John H. Kellogg, Jr., of Hotz, Hotz & Kellogg, Omaha, for appellee.

Heard before WHITE, C. J., and BOSLAUGH, CLINTON and BRODKEY, JJ., and COLWELL, District Judge.

WHITE, Chief Justice.

This is an action by the plaintiffs and appellants, Kenneth M. and Nelsie R. Donahoo, in which they seek an abatement of the purchase price of real estate purchased from the defendant, Home of the Good Shepherd of Omaha, Inc. (hereinafter referred to as the "Home"), on the theory that there was a shortage of acres in an alleged contract calling for the delivery of approximately 215 acres of land. The defendant cross-petitioned for the balance...

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