Bass v. Boetel & Co.

217 N.W.2d 804 (1974)

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Bass v. Boetel & Co.

Nebraska Supreme Court
217 N.W.2d 804 (1974)

SC

Facts

Carl Bass (plaintiff) rented a property for operation of a billiards parlor. The lease granted the landlord permission to reenter the premises without any notice upon any default by Bass. Boetel & Company (defendant) assumed the lease as landlord, and around that time Bass had become three months delinquent in rent payments. Boetel changed the locks on the premises and removed and detained much of Bass’s equipment. Boetel did not give Bass written notice to quit or serve him with any legal processes prior to these acts. Bass brought suit seeking damages for his confiscated equipment. The district court did not submit any specific jury instructions regarding damages. The jury awarded Bass $12,000 for the taking and detention of his equipment. Boetel appealed.

Rule of Law

Issue

Holding and Reasoning (Spencer, J.)

Concurrence (Boslaugh, J.)

Dissent (Newton, J.)

Dissent (Clinton, J.)

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