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PROPERTY SALES v. IRVINGTON ICE CREAM & FROZEN ARTS

No. 37037.

165 N.W.2d 78 (1969)

184 Neb. 17

PROPERTY SALES, INC., a Nebraska Corporation, Appellee, v. IRVINGTON ICE CREAM & FROZEN ARTS, INC., a Nebraska Corporation, Appellant.

Supreme Court of Nebraska.

February 14, 1969.

Attorney(s) appearing for the Case

Crossman, Barton & Norris, Omaha, for appellant.

Steven J. Lustgarten, Omaha, for appellee.

Heard before WHITE, C.J., SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ., and WILLIAM C. SMITH, Jr., District Judge.

WHITE, Chief Justice.

The question involved in this case is whether Hetzel v. Lyon, 87 Neb. 261, 126 N.W. 997 (1910), should be overruled. In the above case this court held that a contract in writing executed pursuant to the statute of frauds, now section 36-107, R.R.S.1943, between a landowner and broker for the sale of the land of the former, which by its terms limits the time for its continuance, may be extended by parol after the contract has been terminated,...

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