COLE v. HICKEY

No. 83-337.

340 N.W.2d 418 (1983)

215 Neb. 728

Dave COLE, Appellant, v. Thomas F. HICKEY, et al., Appellees.

Supreme Court of Nebraska.

November 18, 1983.


Attorney(s) appearing for the Case

Forrest F. Peetz of Peetz & Peetz, O'Neill, for appellant.

No appearance for appellees.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.


PER CURIAM.

This is an appeal from an action for specific performance of a contract to sell a tavern, and for damages incident to the failure to convey.

In a bifurcated trial, the trial court found that the appellant, Dave Cole, had failed to tender payment before November 1, 1982, the date specified in the contract, that time was of the essence, and that therefore appellant was not entitled to relief. This appeal followed.

Two errors are assigned...

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