Trauerman v. Nebraska Land & Feeding Co.

Duffie, O.

This is the second appeal in this case. The first trial resulted in a judgment for the plaintiffs, and upon appeal to this court the judgment was reversed and the case *404remanded. A full and clear statement of the facts in the case by Mr, Justice Barnes may be found in 70 Neb. 795. Upon tbe second trial judgment went in favor of the defendant, and the case is now here on appeal taken by the plaintiffs below-

As will be seen by the statement of facts given in' the first opinion, the suit is to recover $1,000 advanced by the plaintiffs as earnest money or part payment made by them upon a…