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STRUEMPLER v. PETERSON

No. 42134.

277 N.W.2d 691 (1979)

203 Neb. 173

Fritz E. STRUEMPLER, Jr. and Bonnie J. Struempler, Appellants, v. Joseph E. PETERSON and Beulah E. Peterson, Appellees.

Supreme Court of Nebraska.

April 24, 1979.

Attorney(s) appearing for the Case

Tedd C. Huston, Broken Bow, for appellants.

Carlos E. Schaper, Broken Bow, for appellees.

Heard before BOSLAUGH, McCOWN, CLINTON, and BRODKEY, JJ., and CANIGLIA, District Judge.

CANIGLIA, District Judge.

The plaintiffs, Fritz and Bonnie Struempler, bring this action against the defendants, Joseph and Beulah Peterson, for damages for nonperformance of a real estate contract. The contract provides for an option to purchase 320 acres of defendants' land, 160 acres of which was the homestead of the defendants, and 160 acres which was not homestead property. The contract was not acknowledged by either of the defendants. The trial court sustained...

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