TRUELSEN v. EUROPEAN HEALTH SPA OF NEBRASKA

No. 76-2119.

561 F.2d 169 (1977)

Charles H. TRUELSEN, Trustee, Appellee, v. EUROPEAN HEALTH SPA OF NEBRASKA, INC., a Colorado Corporation, and European Health Spas, Inc., a Utah Corporation, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided September 8, 1977.


Attorney(s) appearing for the Case

C. Keith Rooker and Clayton J. Parr, Salt Lake City, Utah, and Susman, Stern, Heifetz, Lurie & Sheehan, St. Louis, Mo., for appellants.

Harry H. Foulks, Omaha, Neb., for appellee.

Before GIBSON, Chief Judge, HEANEY, Circuit Judge, and DEVITT, District Judge.


PER CURIAM.

This is a diversity case for breach of contract. Defendants claimed the contract was void for lack of consideration, mutual mistake of fact and, in any event, denied any breach. The jury found against defendants on special interrogatories, and the District Court1 granted judgment for the plaintiff. Defendants appealed.

Prior to June 1968, Interstate Investment, Inc. (Interstate) had leased property in Omaha, Nebraska...

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