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K & K PHARMACY, INC. v. BARTA

No. 85-021.

382 N.W.2d 363 (1986)

222 Neb. 215

K & K PHARMACY, INC., a Nebraska Corporation, Appellant, v. James R. BARTA, Appellee.

Supreme Court of Nebraska.

March 7, 1986.

Attorney(s) appearing for the Case

H. Daniel Smith, of Stehlik, Smith, Trustin, Schweer & Ruder, for appellant.

Ray C. Simmons, of Simmons & Schneider, P.C., for appellee.

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

BOSLAUGH, Justice.

This case arose out of a controversy concerning a contract for the sale of the Millard Pharmacy. The business was located on leased premises in the Millard Shopping Center.

On June 8, 1983, the plaintiff, K & K Pharmacy, Inc., entered into a written contract with the defendant, James R. Barta, for the sale of the pharmacy to the defendant. The contract contained the following provision regarding a new lease of the premises to be obtained...

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