Perry v. Esch

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 terminating the option contract of August 1,1987.”

Defendants timely appealed and in this court assign five errors. The first two may be summarized…