McCully, Inc. v. Baccaro Ranch, LLC

S-11-0952, McCully, Inc. d/b/a/ McCully Ranch Company, a Nebraska Corporation (Appellant) v. Baccaro Ranch, a Nebraska Limited Liability Company

Hooker County, Judge Donald E. Rowlands, II

Attorneys: Ward F. Hoppe, Colby Rinker (The Hoppe Law Firm) (Appellant) --- Steven P. Vinton (Bacon & Vinton LLC)

Civil: Breach of contract; damages

Proceedings below: This case was previously before the Supreme Court. See McCully, Inc. v. Baccaro Ranch, 279 Neb. 443 (2010) (Affirmed in part, and in part reversed and remanded with directions). The district court denied Appellant’s request for recovery finding that no ready, willing, and able buyer was procured during the listing period and that Appellee did not hinder or impede Appellant’s ability to exchange Appellee’s property and therefore, was not entitled to a commission.

Issues: The district court erred in (1) finding that no ready, willing, and able exchanger was procured during the listing term under the listing agreement between Appellant and Appellee; (2) finding that Appellee did not unfairly hinder or impede Appellant’s ability to affect an exchange.