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  5. 249 N.W.2d 909 (1977)
 

MR. U INC. v. MOBIL OIL CORP.

No. 40776.

249 N.W.2d 909 (1977)

197 Neb. 612

MR. U INC., a corporation, et al., Appellees, v. MOBIL OIL CORPORATION, a corporation, Appellant, Impleaded with Nebraska-Iowa Car Wash, Inc., a corporation, et al., Appellees.

Supreme Court of Nebraska.

February 9, 1977.

Attorney(s) appearing for the Case

Robert D. Mullin and Timothy J. Pugh, for Boland, Mullin & Walsh, Omaha, for appellant.

Robert L. Matthews, Jr. and Lyle E. Strom, for Fitzgerald, Brown, Leahy, Strom, Schorr & Barmettler, Omaha, for appellees.

Heard before WHITE, C. J., and BOSLAUGH, McCOWN and CLINTON, JJ., and COLWELL, District Judge.

BOSLAUGH, Justice.

This is an appeal in an action to quiet title. The plaintiffs are the owners of a triangular shaped tract of land near 78th and Dodge Streets in Omaha, Nebraska. In 1970, the plaintiff corporation, Mr. U Inc., leased a part of the property to John W. Sanders. The lease provided Sanders would construct a car wash and gasoline station on the property.

The lease to Sanders also provided the lessor would execute and deliver a mortgage on the...

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