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S.N. MART, LTD. v. MAURICES INC.

No. 88-363.

451 N.W.2d 259 (1990)

234 Neb. 343

S.N. MART, LTD., a California Limited Partnership, et al., Appellants, v. MAURICES INCORPORATED, a Delaware Corporation, Appellee.

Supreme Court of Nebraska.

February 2, 1990.

Attorney(s) appearing for the Case

John A. Selzer, of Simmons, Raymond, Olsen, Ediger, Selzer & Ballew, P.C., Scottsbluff, for appellants.

Leland K. Kovarik, of Holtorf, Kovarik, Nuttleman, Ellison, Mathis & Javoronok, P.C., Gering, for appellee.

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

BOSLAUGH, Justice.

On July 28, 1978, the plaintiff S.N. Mart, Ltd., leased a 2,800-square-foot store space in the K Mart shopping center in Scottsbluff, Nebraska, to Maurices Nebraska, Inc. The lease was to expire on January 31, 1990. S.N. Mart, Ltd., has since conveyed the property to the plaintiff U.S. Realty 86 Associates. The defendant, Maurices Incorporated, is the successor to Maurices Nebraska, Inc.

The lease provided for a minimum rent of $1,225 per...

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