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McINTOSH v. BORCHERS

No. 41399.

266 N.W.2d 200 (1978)

201 Neb. 35

J. Paul McINTOSH and Eleanor McIntosh, Appellees and Cross-Appellants, v. Otto J. BORCHERS, Edna W. Borchers, Roger P. Freudenburg and Eugene L. Reeves, Appellants and Cross-Appellees.

Supreme Court of Nebraska.

May 24, 1978.

Attorney(s) appearing for the Case

Vincent Kirby, Norfolk, for appellants and cross-appellees.

William E. Holland, Kutak, Rock, Cohen, Campbell, Garfinkle & Woodward, Omaha, for appellees and cross-appellants.

Heard before SPENCER, McCOWN, CLINTON, and BRODKEY, JJ., and COADY, District Judge.

COADY, District Judge.

This argument first came to the attention of this court in McIntosh v. Borchers, 196 Neb. 109, 241 N.W.2d 534 (1976), when it was held that an unacknowledged contract for the sale of certain real estate was invalid and unenforcible under section 40-104, R.R.S. 1943. The cause was remanded for further proceedings on plaintiffs' claims for restitution and damages. That...

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