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BRICK DEVELOPMENT v. CNBT II LLC

No. S-17-865.

918 N.W.2d 824 (2018)

301 Neb. 279

BRICK DEVELOPMENT, appellant, v. CNBT II LLC and The Cattle National Bank & Trust Co., appellees.

Supreme Court of Nebraska.

Filed October 12, 2018.

Attorney(s) appearing for the Case

Randall L. Goyette , Lincoln, and Phoebe L. Gydesen , of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P, for appellant.

John M. Guthery , Haleigh B. Carlson , and Derek A. Aldridge , of Perry, Guthery, Haase & Gessford, P.C., L.L.O., Lincoln, for appellees.

Heavican, C.J., Miller-Lerman, Cassel, Funke, Papik, and Freudenberg, JJ.

INTRODUCTION

An owner of one property seeks to bind a purchaser of another property to the terms of a 50-year lease agreement entered into between different parties. Because there is no privity of contract and the purchaser did not expressly assume the lease, the statute of frauds bars the owner's claim for breach of contract...

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