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WEBER v. SWENSON

No. 42888.

295 N.W.2d 688 (1980)

207 Neb. 35

Robert M. WEBER and Ethelyn Gail Weber, Appellees and Cross-Appellants, v. J. Sig SWENSON et al., Appellants and Cross-Appellees.

Supreme Court of Nebraska.

August 8, 1980.

Attorney(s) appearing for the Case

Richard C. Swenson, Trenton, for appellants and cross-appellees.

Harry R. Meister of Winner, Nichols & Meister, Scottsbluff, for appellees and cross-appellants.

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

McCOWN, Justice.

The plaintiffs filed an action for foreclosure of a real estate note and mortgage executed pursuant to a contract for the sale and development of land. The defendants filed a cross-claim for damages for breach of the contract. The District Court for Scotts Bluff County, Nebraska, dismissed plaintiffs' foreclosure action and also dismissed the defendants' cross-claim for damages. The defendants have appealed and the plaintiffs have cross-appealed....

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