Dowd Grain Co., Inc. v. Pflug

Burke, District Judge.

This is a suit for specific performance of a contract for a sale of real estate.. After a bench trial the court found that the purchaser was entitled to a decree of specific performance and the defendants have appealed.

An action for specific performance is triable de novo on appeal to this court. § 25-1925, R. R. S. 1943; Friehe Farms, Inc. v. Haberman, 191 Neb. 292, 214 N. W. 2d 916.

We affirm.

The defendants contend that time was of the essence of the contract and that the purchaser was guilty of a material breach of contract justifying rescission by failing to make'…