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KELLER v. BONES

No. A-99-106.

604 N.W.2d 847 (2000)

8 Neb. App. 946

Dean KELLER, appellant, v. Calvin R. BONES and Audrey J. Bones, Trustees of the Calvin R. and Audrey J. Bones Family Trust, appellees.

Court of Appeals of Nebraska.

January 18, 2000.

Attorney(s) appearing for the Case

Mark R. McKeone and Robert D. Dawson, of Hart Law Office, P.C., Cozad, for appellant.

Claude E. Berreckman, Jr., and Kelly L. Sudbeck, of Berreckman & Berreckman, P.C., Cozad, for appellees.

HANNON and SIEVERS, Judges, and BLUE, District Judge, Retired.

HANNON, Judge.

INTRODUCTION

The buyer of real estate sued the sellers for specific performance of an alleged contract for sale of the real estate after the sellers failed to appear at the closing. The sellers asserted that no contract existed (1) because the sellers' acceptance was not communicated to the buyer within the time specified in the offer and the attempted acceptance thus became a counteroffer and (2) because the buyer did not communicate to the...

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