MENKE v. FOOTE

No. 41315.

261 N.W.2d 635 (1978)

199 Neb. 800

Duane H. MENKE and Patricia A. Menke, Appellants, v. Norman C. FOOTE, Alice B. Foote and Earl E. Faust, Appellees.

Supreme Court of Nebraska.

January 18, 1978.


Attorney(s) appearing for the Case

E. Dean Hascall, Bellevue, for appellants.

Philip H. Robinson, Jr., Bellevue, for appellees.

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


SPENCER, Justice.

This is an action for specific performance of a contract for the sale of real estate. The District Court dismissed the action. It found time was of the essence and plaintiffs failed to perform within the time specified. We affirm.

The parties stipulated that sometime during the first 2 weeks of August 1973, plaintiffs and defendants Foote entered into an agreement over the telephone for the sale of the land in question by Footes to Plaintiffs...

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