McIntosh v. Borchers

Coady, District Judge.

This argument first came to the attention of this court in McIntosh v. Borchers, 196 Neb. 109, 241 N. W. 2d 534 (1976), when it was held that an unacknowledged contract for the sale of certain real estate was invalid and unenforceable under section 40-104, R. R. S. 1943. The cause was remanded for further proceedings on plaintiffs’ claims for restitution and damages. That opinion sets out the facts in detail.

Plaintiffs, being husband and wife, attempted to purchase an 160-acre farm which was the homestead of the defendants who were also husband and wife. The written…