
    Thomas H. Barnes et al., appellees, v. Earl C. Barker, appellant.
    Filed October 11, 1929.
    No. 26781.
    
      R. O. Reddish and Kinsinger & Ogden, for appellant.
    
      Lee Basye and T. F. Neighbors, contra.
    
    Heard before Goss, C. J., Dean, Good, Thompson, Eberly and Day, JJ., and Redick, District Judge.
   Per Curiam.

This is- an action upon a contract for the sale of real estate whereby plaintiffs seek a foreclosure of the contract as a mortgage. Defendant prayed for specific performance and for damages occasioned by the breach thereof. From the judgment of the district court of Box Butte county defendant Earl C. Barker has appealed and plaintiffs have prosecuted a cross-appeal.

We have carefully considered the alleged errors assigned both on the appeal and the cross-appeal. We find the record to be free from prejudicial error. The judgment of the district court is, therefore,

Affirmed.  