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RYBIN INVEST. CO., INC. v. WADE

No. 43680.

316 N.W.2d 744 (1982)

210 Neb. 707

RYBIN INVESTMENT CO., INC., Appellee, v. Howard D. WADE et al., Appellants.

Supreme Court of Nebraska.

March 5, 1982.

Attorney(s) appearing for the Case

Warren S. Zweiback and Robert M. Soshnik of Zweiback, Brady & Kasher, P.C., Omaha, for appellant Wade.

Michael L. Schleich of Morsman, Fike, Davis & Schumacher, P.C., Omaha, for appellant Dalton.

Joseph S. Daly and Ronald H. Stave of Sodoro, Johnson, Daly, Stave, Cavel & Coffey, Omaha, for appellee.

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

WHITE, Justice.

This is an action by the plaintiff, Rybin Investment Co., Inc., for specific performance of a purported contract for the purchase of the Cottonwood Marina. The District Court of Washington County, Nebraska, directed the defendants, Howard D. Wade and Robert M. Dalton, to specifically perform the purported contract. The defendants appeal. We reverse.

On November 10, 1978, defendants executed a "Purchase Contract" as an offer to purchase certain...

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