JESSEN v. ASHLAND RECREATION ASS'N

No. 42242.

281 N.W.2d 210 (1979)

204 Neb. 19

Dean and Glen JESSEN, doing business as Jessen Brothers, Appellants, v. ASHLAND RECREATION ASSOCIATION, Appellee.

Supreme Court of Nebraska.

July 10, 1979.


Attorney(s) appearing for the Case

Eskey & Gless, Fremont, for appellants.

Marvin V. Miller and Claude D. Lutton, Jr., Ashland, for appellee.

Heard before BOSLAUGH, McCOWN, CLINTON, and WHITE, JJ., and TESAR, District Judge.


McCOWN, Justice.

This is an action on an oral contract for the purchase of sod. The defense was the statute of frauds. The District Court granted defendant's motion for summary judgment and plaintiffs have appealed.

In March 1976 plaintiffs and defendant entered into an oral contract for the purchase and sale of sod located on land owned by defendant. Plaintiffs alleged that they agreed to purchase, and defendant agreed to sell, 30 acres of sod at $400 per...

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