YOUNKER BROS., INC. v. WESTROADS, INC.

No. 40373.

241 N.W.2d 679 (1976)

196 Neb. 168

YOUNKER BROTHERS, INC., Appellee, v. WESTROADS, INC., Appellant.

Supreme Court of Nebraska.

May 12, 1976.


Attorney(s) appearing for the Case

John W. Delehant, Delehant, Croker & Huck, Omaha, for appellant.

Joseph Polack, Morsman, Fike, Davis & Polack, P.C., Omaha, for appellee.

Heard before WHITE, C. J., and SPENCER, McCOWN, NEWTON, CLINTON and BRODKEY, JJ., and KUNS, Retired District Judge.


CLINTON, Justice.

This action, insofar as is pertinent on the appeal to this court, is for a declaratory judgment to construe certain provisions of a shopping center lease defining the obligations of the tenant-appellee, Younker Brothers, Inc., to pay to landlord-appellant, Westroads, Inc., the costs of heating, ventilating, and air conditioning the "demised premises," and the tenant's prorata share of the same costs for the "common areas," such as an enclosed mall...

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