Traudt v. Nebraska Public Power District

251 N.W.2d 148 (1977)

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Nature of the Case

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Facts

In 1968, Traudt (P) and Nebraska (D) entered into an agreement for D to purchase an easement across P’s land. P alleges that as part of the negotiations for the easement, D promised P that if any other landowner gets more money, then you would get more money. That statement was made orally and was not put in writing. P also alleges that they interpreted the words ‘other landowners’ to mean persons who own land in Hamilton County from whom D had purchased easements. P also alleges that D acquired land from another party by eminent domain, which was finally determined in 1972. By virtue of the price on that easement, P claims that D owes him $16,000 extra for the easement. The trial court dismissed the action on a demurrer from D and P appealed.