Mercer v. Payne & Sons Co.

This is the second appearance of this suit in this court. In the former opinion it is pointed out- that the suit had its origin in a written instrument, which is referred to as a “preliminary agreement” for a more formal contract to be thereafter made between the parties. The preliminary agreement, as construed by the parties, contemplated future negotiations for the making of a formal 99-year leasing contract between plaintiffs, as lessors, and defendants as lessees, for three improved building lots in Omaha, lo*422cated at the northwest corner of Farnam and Twenty-seventh streets. The lots are…