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HANS v. LUCAS

No. S-04-1179.

703 N.W.2d 880 (2005)

270 Neb. 421

Jayme HANS, appellant, v. Penny LUCAS, appellee.

Supreme Court of Nebraska.

September 23, 2005.

Attorney(s) appearing for the Case

Richard D. Dunn, of Pansing, Hogan, Ernst & Bachman, L.L.P., Omaha, for appellant.

Mark A. Christensen and Travis P. O'Gorman, of Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for appellee.

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

HENDRY, C.J.

INTRODUCTION

This is a subrogation action brought in the name of the seller, Jayme Hans, against the buyer of a home, Penny Lucas. The action was filed as a result of damage sustained to the home in a fire. At the time of the fire, Hans and Lucas had entered into a purchase agreement, but closing had not yet occurred. The purchase agreement contained provisions permitting Lucas to reside in the home pending closing. Hans alleged that Lucas'...

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