Kully v. Goldman

305 N.W.2d 800 (1981)

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Nature of the Case

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Facts

P sued D asking the court to temporarily and permanently enjoin D from withholding 'the transfer to P' annually of season tickets to four specific seats to the University of Nebraska varsity football games and from doing anything to prejudice D's 'future ability to receive such tickets from the University.' P asked that D be declared trustee of said tickets for P's use. P and D are alleged to have made an agreement in 1961 in which D agreed to acquire for P four season tickets as well as four for himself. P claims either (1) a trust, either express, resulting, or constructive; (2) an agreement of agency to annually purchase and transfer the tickets; and (3) a breach of contract to annually purchase and transfer the tickets. The court held that the parties entered into an accord and satisfaction for the 1979 season and denied the requested relief. As to future seasons, it granted specific performance by finding that an implied trust existed and that upon execution by P of an undertaking with sufficient sureties in the sum of $500, D be mandatorily enjoined, on being tendered by P the actual retail price then charged D by the University of Nebraska to obtain from the university the described tickets 'for all future seasons of the University of Nebraska varsity football team home games for the use and benefit of P.' D appealed.