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VANDE GUCHTE v. KORT

No. A-04-777.

703 N.W.2d 611 (2005)

13 Neb. App. 875

Robert A. VANDE GUCHTE, M.D., appellant, v. Gary KORT and Heritage Builders, Inc., appellees.

Court of Appeals of Nebraska.

September 6, 2005.

Attorney(s) appearing for the Case

Terry R. Wittler and Kevin J. Schneider, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., for appellant.

Gregory D. Barton, of Harding, Shultz & Downs, Lincoln, for appellees.

IRWIN, SIEVERS, and CASSEL, Judges.

SIEVERS, Judge.

I. INTRODUCTION

This appeal addresses a covenant that requires a lot owner to contract with a particular homebuilder and grants the builder an option to purchase the land, at the price originally paid by the lot owner, if the lot owner does not contract with the homebuilder to construct a residence on the lot within a specified timeframe. Robert A. Vande Guchte, M.D., the lot owner, appeals the decision of the Lancaster County District Court...

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