Legal Opinion

Property Sales, Inc. v. Irvington Ice Cream & Frozen Arts, Inc.

Nebraska Supreme Court

Decided February 14, 1969No. 37037Published

1Opinion of the CourtWhite, C. J.

The question involved in this case is whether Hetzel v. Lyon, 87 Neb. 261, 126 N. W. 997 (1910), should be overruled. In the above case this court held that a contract in writing executed pursuant to the statute of frauds, now section 36-107, R. R. S. 1943, between a landowner and broker for the sale of the land of the former, which by its terms limits the time for its continuance, may be extended by parol after the contract has been terminated, so as to extend the time of the existence of the broker’s authority to sell under the terms of the written contract. The district court followed the…

2Cases cited6 opinions

  1. Bowman v. WrightNebraska Supreme Court · 1902
  2. Swanson v. MadsenNebraska Supreme Court · 1945
  3. Pavey v. CollinsWashington Supreme Court · 1948
  4. Rank v. GarveyNebraska Supreme Court · 1902
  5. Hetzel v. LyonNebraska Supreme Court · 1910

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