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KRACL v. LOSEKE

No. 88-532.

461 N.W.2d 67 (1990)

236 Neb. 290

Timothy D. KRACL and Laurie A. Kracl, Husband and Wife, Appellees, v. Norman L. LOSEKE and Marie Loseke, Husband and Wife, Appellants.

Supreme Court of Nebraska.

October 5, 1990.

Attorney(s) appearing for the Case

Stephen C. Hansen, of Luckey, Sipple, Hansen, Emerson & Schumacher, Columbus, and Francis O'Brien, Schuyler, for appellants.

Larry J. Karel, of Karel & Seckman, Schuyler, for appellees.

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

SHANAHAN, Justice.

In their petition filed on February 27, 1987, in the district court for Colfax County, Nebraska, Timothy D. and Laurie A. Kracl sought rescission of their written contract with Norman L. and Marie Loseke for the purchase of Losekes' house and "for such other and further relief as is just and equitable...." Kracls based their action on Losekes' concealment of termite damage in the residence sold to Kracls. The court entered judgment whereby the contract...

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