Recker v. Gustafson

HARRIS, Justice.

We are obliged to dismiss as premature the appeal by defendants in a land contract dispute. After the trial court decree was entered in their favor, the plaintiffs moved to enlarge the decree under rule 179(b), Rules of Civil Procedure. Before the trial court could rule on that motion the defendants filed notice of appeal. We have no jurisdiction to entertain the appeal and accordingly dismiss it and remand the case in order for the trial court to rule on the 179(b) motion.

Plaintiffs negotiated for the purchase of a farm from defendants. It is claimed two separate agreements…