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· 1/17/2003

Spanish Oaks, Inc. v. Hy-Vee, Inc.

Citations

  • 655 N.W.2d 390
  • 265 Neb. 133
  • 2003 Neb. LEXIS 6

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding a violation of the duty of good faith occurs only when a party violates, nullifies, or significantly impairs any benefit of a valid contract
  • finding that the plaintiffs had standing to challenge the use restrictions [in a sublease to which they were not parties] because the plaintiffs were “alleging a breach of the [initial] lease, to which [they were] parties”
  • \[T]he fact that a third party would be better off if a contract were unenforceable does not give him standing to sue to void the contract.\
  • “A violation of the covenant of good faith and fair dealing occurs only when a party violates, nullifies, or significantly impairs any benefit of the contract.”
  • discussing the distinction between indirect restraints—like use restrictions—and direct restraints
  • distinguishing between use restrictions and direct restraints on alienation

Source: CourtListener parenthetical corpus (CC0).

Judges: Hendry, Wright, Connolly, Gerrard, Stephan, McCormack, Miller-Lerman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.