GROWNEY v. C M H REAL ESTATE CO.

No. 40182.

238 N.W.2d 240 (1976)

195 Neb. 399

Michael B. GROWNEY and Michael B. Growney, Assignee, Appellees, v. C M H REAL ESTATE COMPANY, a Nebraska Corporation, et al., Appellants.

Supreme Court of Nebraska.

February 5, 1976.


Attorney(s) appearing for the Case

McGill, Koley & Parsonage, P.C., Stephen T. McGill, W. Patrick Betterman, Omaha, for appellants.

Cassem, Tierney, Adams & Gotch, Michael F. Kinney, Omaha, for appellees.

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


NEWTON, Justice.

This is an action to recover a downpayment on a contract to purchase real estate. Judgment was entered for the plaintiff-purchaser. We reverse the judgment of the District Court.

Plaintiff alleges a contemporaneous oral agreement to the effect that the contract was to be void if it were ascertained that the property purchased was not suitable for the construction of a swimming pool; also, that defendants misrepresented the property as being...

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