PREISENDORF v. JENKINS

No. 39683.

228 N.W.2d 591 (1975)

193 Neb. 611

John PREISENDORF, Jr., and Ralph Mettenbrink, Appellees, v. Harold K. JENKINS, Appellant.

Supreme Court of Nebraska.

May 1, 1975.


Attorney(s) appearing for the Case

Kelly & Kelly, Grand Island, for appellant.

Luebs, Tracy, Dowding, Beltzer & Leininger, Grand Island, for appellees.

Heard before SPENCER, BOSLAUGH, and BRODKEY, JJ., and HASTINGS and CLARK, District Judges.


CLARK, District Judge.

This is an action for specific performance of an alleged contract to sell a bar and restaurant business located in Grand Island, Nebraska. The District Court found that plaintiffs were entitled to specific performance of the contract but that the defendant had divested himself of the property, and therefore specific performance was impossible. The court further found that in lieu of specific performance plaintiffs were entitled to monetary damages...

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