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TWIN TOWERS DEV. v. BUTTERNUT APARTMENTS

Nos. S-98-423, S-98-653.

599 N.W.2d 839 (1999)

257 Neb. 511

TWIN TOWERS DEVELOPMENT, INC., a Nebraska corporation, appellant, v. BUTTERNUT APARTMENTS, L.P., also known as Butternut Apartments Limited Partnership, appellee.

Supreme Court of Nebraska.

August 20, 1999.

Attorney(s) appearing for the Case

James D. Sherrets and Theodore R. Boecker, Jr., of Sherrets & Associates, Omaha, for appellant.

Thomas M. White, of Welch, White & Wulff, Omaha, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, J.

NATURE OF CASE

In this consolidated appeal, Twin Towers Development, Inc., appeals from the sustaining of a demurrer to its third amended petition and dismissal of its action against Butternut Apartments, L.P., also known as Butternut Apartments Limited Partnership, on an alleged purchase agreement.

SCOPE OF REVIEW

When reviewing an order sustaining a demurrer, an appellate court accepts the truth of the facts which are well...

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