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GIBBONS RANCHES, L.L.C. v. BAILEY

Nos. S-14-109, S-14-110.

857 N.W.2d 808 (2015)

289 Neb. 949

GIBBONS RANCHES, L.L.C., appellant, v. Joel D. BAILEY and Jaimee Bailey, husband and wife, appellees. Gibbons Ranches, L.L.C., appellant, v. Circle B Farms, Inc., doing business as a Nebraska corporation, and Tom Bailey, appellees.

Supreme Court of Nebraska.

Filed January 23, 2015.

Attorney(s) appearing for the Case

Bradley D. Holbrook , Kearney, and Nicholas A. Buda , of Jacobsen, Orr, Lindstrom & Holbrook, P.C., L.L.O., for appellant.

Christopher P. Wickham , Broken Bow , of Sennett, Duncan, Jenkins & Wickham, P.C., L.L.O., for appellees.

Heavican, C.J., Wright, Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ.

I. INTRODUCTION

A landlord leased separate properties to different tenants using nearly identical written documents. The parties dispute whether the leases were enforceable for their stated 5-year terms or whether a clause providing for "annual review of rental rates" resulted in unenforceable "agreements to agree." In the landlord...

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