DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
021962P.pdf 08/28/2003 Nash Finch Co. v. Rubloff Hastings
U.S. Court of Appeals Case No: 02-1962
District of Nebraska
Civil Case - Diversity- breach of contract. Assignee of lease
was a bona fide purchaser for value and did not have notice of
the mistake in the legal description of the property subject to the
exclusivity provisions in the lease; thus, the lease could not be
reformed to enforce the exclusive-use provision. In addition,
under plain language of lease, landlord did not breach the provision
restricting landlord from having a financial interest in a retail
grocery within ten miles. District court's decision is affirmed.