Gard v. Pelican Publishing Co.

Riley, D.J.

Grant G. Gard filed a declaratory judgment action against Pelican Publishing Company for a determination that Pelican had failed to perform its publication agreement with Gard and that Pelican’s nonperformance terminated all rights and obligations based on the publication agreement. The district court for Douglas County entered judgment that Pelican’s interest in the publication agreement was terminated when Pelican failed to publish Gard’s book, “Don’t Talk About It — Dolt.”

“Whether a declaratory judgment action is treated as an action at law or one in equity is to be determined…