· 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 CourtListenerSourced 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.