MARTIN v. BAXTER

No. 41049.

254 N.W.2d 420 (1977)

198 Neb. 640

Thomas Dale MARTIN and Lyle E. Martin, Appellants, v. Ward F. BAXTER et al., Appellees.

Supreme Court of Nebraska.

June 8, 1977.


Attorney(s) appearing for the Case

Charles H. Truelsen, Omaha, for appellants.

Eugene P. Welch, Gross, Welch, Vinardi, Kauffman & Day, William E. Pfeiffer, Spielhagen, Spielhagen & Pfeiffer, Omaha, for appellees.

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


CLINTON, Justice.

The question before us in this case is whether or not the plaintiffs, sellers, are entitled, as against the defendants, purchasers, to strict foreclosure of a land contract. The trial court refused strict foreclosure. We affirm.

The essential facts are these. On March 9, 1972, the plaintiffs Martin contracted in writing to sell a farm to the defendant Baxter for the sum of $88,000 upon the following...

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