Theisen’s Inc. v. Red Owl Stores, Inc.

Kelly, Justice.

Defendant, Red Owl Stores Inc., appeals from an order denying its motion for a new trial and from a judgment of the district court refusing to reform a lease and ordering judgment against defendant for back real estate taxes in accordance with one of its provisions. We reverse.

Plaintiff, Theisen’s Inc., formerly known as Theisen’s Market, Inc., and defendant entered into a lease agreement dated June 2, 1965, wherein Theisen’s, as lessor, agreed to construct a build*62ing in which lessee Red Owl would operate a grocery store. The lease provides that Red Owl will pay Theisen’s 80…