A-13-0906 Gerald Ficke v. Gilbert Wolken (Appellant)
Gage County, Judge Paul Korslund
Attorneys: Bradley A. Sipp (Appellee) --- Lyle J. Koenig (Appellant)
Civil: Contract; specific performance
Proceedings below: The court found the oral contract was not unconscionable and did not violate public policy. Thus, the court ordered specific performance of the oral contract. The Court of Appeals affirmed. See Ficke v. Wolken, 22 Neb. App. 587 (2014). Appellant filed a Petition for Further Review which was granted by the Nebraska Supreme Court.
Issues on Review: 1. The Court of Appeals erred as a matter of law in finding on its de novo review that the Plaintiff proved by clear, satisfactory, and unequivocal evidence that his performance of the alleged oral contract was referable solely to the alleged oral contract and not to some other and different contract or relation. 2. The Court of Appeals erred as a matter of law in applying a subjective rather than an objective test for part performance in holding that the Plaintiff can prove by his own testimony that the acts he performed were solely referable to the oral contract for the conveyance of land.