Herbstreith v. Walls

This is a suit to obtain specific performance of an alleged oral contract for the sale of real estate. The trial court found for the plaintiff and entered a decree requiring the defendant to perform the oral agreement. The defendant appeals.

On March 20, 1941, the defendant was the owner of a residence property in Alexandria, Nebraska. On that date *806he rented it to the plaintiff for nine dollars per month. Some time thereafter negotiations for the sale of the property to the plaintiff were commenced. This culminated in the parties meeting in a lawyer’s office in Hebron on July 29, 1941, for the…