Mohrlang v. Draper

365 N.W.2d 443 (1985)

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Mohrlang v. Draper

Nebraska Supreme Court
365 N.W.2d 443 (1985)

Facts

In 1981, John R. Mohrlang (plaintiff) agreed to purchase unimproved real estate in Nebraska from Larry Draper (defendant) for $14,875. The real estate contract required Draper to get a right-of-way easement released, get a buried gas line terminated, and bear any related costs. However, Draper had not researched these costs before the sale. After the sale, he realized the cost to fulfill these requirements was going to be much higher than he had expected. Citing unexpected hardship in meeting these requirements, Draper refused to deliver the property to Mohrlang. Mohrlang sued Draper for specific performance. The trial court denied Mohrlang’s request, but ordered Draper to pay unspecified damages. Draper appealed the damage award. Mohrlang cross-appealed the court’s denial of specific performance.

Rule of Law

Issue

Holding and Reasoning (Shanahan, J.)

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