KOBZA v. SPATH

No. 34322.

90 N.W.2d 246 (1958)

166 Neb. 623

Vaclav F. KOBZA and Antonia M. Kobza, Appellees-Cross-Appellants, v. Clarence E. SPATH, Appellant-Cross-Appellee, John Doe, real name unknown, et al., Appellees.

Supreme Court of Nebraska.

May 16, 1958.


Attorney(s) appearing for the Case

Ginsburg, Rosenberg & Ginsburg, Lincoln, for appellants.

William L. Walker, Earl Ludlam, Lincoln, for appellees.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE and BOSLAUGH, JJ.


SIMMONS, Chief Justice.

This is an action for the specific performance of a written contract wherein defendant agreed to sell land to the plaintiffs. All defendants named in the action except the defendant Clarence E. Spath defaulted. He, as appellant, will be referred to herein as defendant. Issues were made and trial was had. The trial court granted specific performance and determined credits due to each party as against the purchase price. Items in the decree will...

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