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QUINN v. GODFATHER'S INVESTMENTS, INC.

No. 83-508.

348 N.W.2d 893 (1984)

217 Neb. 441

James D. QUINN, Trustee, Appellee, v. GODFATHER'S INVESTMENTS, INC., a Nebraska corporation, et al., Appellants.

Supreme Court of Nebraska.

May 25, 1984.

Attorney(s) appearing for the Case

John W. Iliff, Eugene P. Welch and Edward G. Warin of Gross, Welch, Vinardi, Kauffman & Day, P.C., Omaha, for appellants.

Paul A. Rauth of Marks, Clare, Hopkins, Rauth & Cuddigan, Omaha, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, and SHANAHAN, JJ.

BOSLAUGH, Justice.

This was an action for a declaratory judgment to determine whether the defendants, Godfather's Investments, Inc., as lessee, and William M. Theisen, as guarantor, were liable to the plaintiff, Quinn, under a lease agreement. The lease contained a provision that if the defendant lessee was unable to obtain "financing" for the construction of "contemplated improvements," the lessee could terminate the lease. The trial court found that the agreement...

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