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YATES v. GROSH

No. 81-713.

328 N.W.2d 200 (1982)

213 Neb. 164

Raymond YATES, Appellant, v. Mildred GROSH et al., Appellees.

Supreme Court of Nebraska.

December 23, 1982.

Attorney(s) appearing for the Case

Ronald A. Ruff of Ruff & Murphy, North Platte, for appellant.

Paul D. Merritt, Jr., William P. Mueller and J.A. Lane of McGinley, Lane, Mueller, Shanahan, O'Donnell & Merritt, Ogallala, for appellees.

KRIVOSHA, C.J., HASTINGS, and CAPORALE, JJ., RIST, District Judge, and COLWELL, District Judge, Retired.

COLWELL, District Judge, Retired.

Raymond Yates (Ray), plaintiff-appellant, seeks specific performance of an alleged oral contract with his father, Benjamin Yates (Ben), to give the home farm to Ray. Upon trial, the District Court of Lincoln County dismissed the petition for failure of proof. Plaintiff appeals.

A chronology of events covers the period 1950-78. In 1950, Ben and his wife, Cora, owned as joint tenants the 960-acre home farm occupied by...

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