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R & B FARMS, INC. v. CEDAR VALLEY ACRES

No. S-10-568.

798 N.W.2d 121 (2011)

281 Neb. 706

R AND B FARMS, INC., a Nebraska corporation, appellee, v. CEDAR VALLEY ACRES, INC., a Nebraska corporation, appellant.

Supreme Court of Nebraska.

June 10, 2011.

Attorney(s) appearing for the Case

John B. McDermott , of Shamberg, Wolf, McDermott & Depue, Grand Island, for appellant.

John C. Hahn , Lincoln, and Brent C. Stephenson , of Jeffrey, Hahn, Hemmerling & Zimmerman, P.C., L.L.O., for appellee.

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

McCORMACK, J.

NATURE OF CASE

This case arose from a boundary dispute between R and B Farms, Inc. (R and B), and Cedar Valley Acres, Inc. (Cedar Valley). R and B sought reformation of the contract which conveyed the land and an order quieting title in it as owner of the property. The district court determined that mutual mistake had occurred which necessitated reformation of the written agreement. Cedar Valley appeals. The issues on appeal are whether the...

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