SFI Ltd. Partnership 8 v. Carroll

Nebraska Advance Sheets 698 288 NEBRASKA REPORTS the appellees had financing in place and had expressed their ability and willingness to perform under the contract. In the face of Benson’s repudiation, the appellees were not required to tender the money due under the Purchase Agreement. Such would have been a useless act. The district court deter- mined that the appellees’ efforts were sufficient and that thus, Benson was in breach at the time for performance. Based on the applicable law and the district court’s findings, which are supported by the record, we see no error. We find no merit to…