Tylle v. Zoucha

This is an appeal from the district court for Platte County. Appellant, John A. Tylle, originally brought this suit in the *477district court against the appellee, Cyril Zoucha, doing business as Zoucha Auction & Realty Company, alleging that the appellee negligently failed to sell land the two had contracted to sell by auction.

In the fall of 1980 the parties to this appeal contracted to sell by auction land the appellant owned. The terms provided that the sale would be “with reserve,” i.e., a minimum price of $3,000 per acre. In the event the price was not obtained, Zoucha Auction & Realty…