Lindquist v. Omaha Realty, Inc.

DUNN, Chief Justice.

This is a declaratory judgment action seeking to determine which of the parties is entitled to $65,000 presently in escrow. The Seventh Judicial Circuit granted relief to plaintiff. Defendants appealed. We affirm.

The facts were stipulated by the parties. On June 26, 1968, plaintiff and corporate defendant (later dissolved with assets passed to the Rypkemas, hereinafter defendants) entered an agreement leasing certain premises to plaintiff for a term of ten years. Plaintiff constructed a gas station and car wash on the premises. The lease agreement contained two provisions…