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KHABBAZ v. SWARTZ

No. 66065.

319 N.W.2d 279 (1982)

Nabil A. KHABBAZ, Appellee, v. Lowell E. SWARTZ and Twila D. Swartz, Appellants. Lowell E. SWARTZ and Twila D. Swartz, Appellants, v. IOWA STATE BANK & TRUST COMPANY, Third-Party Defendant-Appellee.

Supreme Court of Iowa.

May 19, 1982.

Attorney(s) appearing for the Case

Gary J. Streit, of Shuttleworth & Ingersoll, Cedar Rapids, for appellants.

John W. Hayek, of Hayek, Hayek & Hayek, Iowa City, for appellee.

L. Jay Stein, of Stein & Hibbs, Iowa City, for third-party defendant-appellee.

Considered by UHLENHOPP, P. J., and ALLBEE, McGIVERIN, LARSON, and SCHULTZ, JJ.

McGIVERIN, Justice.

Defendants Lowell E. and Twila D. Swartz, husband and wife, appeal from judgment rescinding an "Offer to Buy Real Estate and Acceptance," concerning sale of their personal residence entered into between themselves and plaintiff Nabil A. Khabbaz. The judgment also dismissed defendants' counterclaim seeking money damages, specific performance or forfeiture and their third-party petition for money damages against Iowa State Bank & Trust Company...

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