Appeals from the District Court for Custer County: KARIN L. NOAKES, Judge.
Affirmed as modified.
Bradley D. Holbrook and Nicholas A. Buda, of Jacobsen, Orr, Lindstrom & Holbrook, P.C., L.L.O., for appellant.
Christopher P. Wickham, of Sennett, Duncan, Jenkins & Wickham, P.C., L.L.O., for appellees.
HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, AND CASSEL, JJ.
[289 Neb. 950] Cassel, J.
A landlord leased separate properties to different tenants using nearly identical written documents. The parties dispute whether the leases were enforceable for their stated 5-year terms or whether a clause providing for " annual review of rental rates" resulted in unenforceable " agreements to agree." In the landlord's appeals from declaratory judgments for the tenants, we conclude that the leases unambiguously contemplated only an annual " review" and did not require annual agreement. With a minor modification, we affirm the judgments.
Gibbons Ranches, L.L.C., is a ranching entity in Custer County, Nebraska. For many years, it leased its farm ground to Joel D. Bailey and Jaimee Bailey, husband and wife, and to B Agri-Services, Inc., doing business as Circle B Farms (Circle B). We refer to ...