WESTHAVEN PROPERTIES, INC. v. PAHL

No. 36793.

160 N.W.2d 168 (1968)

183 Neb. 355

WESTHAVEN PROPERTIES, INC., a Nebraska Corporation, Appellee, v. Jurgen C. PAHL, Appellant.

Supreme Court of Nebraska.

July 5, 1968.


Attorney(s) appearing for the Case

Viren, Emmert & Epstein, Joseph L. Leahy, Jr., Omaha, for appellant.

Lane, Baird, Pedersen & Haggart, Omaha, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.


SMITH, Justice.

A contract for a deed between defendant seller and plaintiff's assignor ambiguously described the land. In performing the contract defendant delivered a warranty deed to his tract and also to .61 acre that he did not own. In this suit he sought reformation of the deed for mistake. Plaintiff claimed damages for breach of covenants for title to the .61 acre. After a trial judgment went for plaintiff on both claims, and defendant has appealed. He contends...

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