Shelhamer v. O'Neill

This is an appeal from a district court judgment granting specific performance of a real estate contract. We reverse the judgment of the district court.

In the early part of September 1968, defendant James O’Neill purchased from a Mrs. Summers' the land involved in this lawsuit, approximately 33 acres located on the outskirts of O’Neill, Nebraska. Shortly thereafter, Mr. O’Neill was approached by the other defendant, David Eby, as to the possibility of selling the prop>erty to Eby. At that time, O’Neill was operating a cafe on premises which he leased from Eby. O’Neill owned the fixtures,…