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III LOUNGE, INC. v. GAINES

No. 83-728.

348 N.W.2d 903 (1984)

217 Neb. 466

III LOUNGE, INC., a Nebraska corporation, Appellant, v. Tyler B. GAINES, Trustee, Appellee.

Supreme Court of Nebraska.

May 25, 1984.

Attorney(s) appearing for the Case

Donald W. Kleine, Omaha, for appellant.

David D. Ernst and John H. Cotton of Gaines, Otis, Haggart, Mullen & Carta, Omaha, for appellee.

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

PER CURIAM.

The III Lounge, Inc., plaintiff lessee, appealed the judgment of the district court for Douglas County which denied specific performance of an option to purchase real estate.

The trial court held that the plaintiff had not completed conditions which must be fulfilled before the sale of the property may be effectuated. The trial court specifically referred to the failure of the plaintiff to draft a contract and tender a downpayment within the time...

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