Green v. Advance Homes, Inc.

REES, Justice.

Advance Homes, Inc., appeals from the judgment of the district court requiring it to submit a plan to provide lateral support for farmland owned by plaintiff, Tillie M. Green, contending the plaintiff’s petition and proof provided an inadequate basis for such relief and that the trial court erred in overruling its motion to dismiss for failure to prove damages. We find some merit in defendant’s contentions, reverse the judgment of the district court and remand the case for further proceedings.

Green’s petition was filed on December 10, 1976, and listed Advance Homes, Inc., and…