Weber v. Swenson

The plaintiffs filed an action for foreclosure of a real estate note and mortgage executed pursuant to a contract for the sale and development of land. The defendants filed a cross-claim for damages for breach of the contract. The District Court for Scotts Bluff County, Nebraska, dismissed plaintiffs’ foreclosure action and also dismissed the defendants’ cross-claim for damages. The defendants have appealed and the plaintiffs have cross-appealed.

On July 12, 1976, after extensive negotiations in which the parties were both represented by attorneys, a contract of sale was entered into under…