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PERRY v. ESCH

No. S-89-740.

481 N.W.2d 431 (1992)

240 Neb. 289

Kendall PERRY and Kellan Perry, Appellees, v. Dennis L. ESCH and John Raynor, Appellants.

Supreme Court of Nebraska.

March 20, 1992.

Attorney(s) appearing for the Case

Patrick M. Heng, of Raynor, Rensch, Heng & Wills, Omaha, for appellants.

Richard K. Watts, of Mills, Mills and Papik, Osceola, for appellees.

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

GRANT, Justice.

Defendants, Dennis L. Esch and John Raynor, appeal an order of the district court for Polk County, Nebraska, in a declaratory judgment action filed by plaintiffs-appellees, Kendall Perry and Kellan Perry, brothers. The trial court determined that an "Option To Purchase Real Estate" remained in full force and effect, although plaintiffs had not paid the real estate taxes as required by the contract, and that defendants were "equitably estopped from...

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