Neb. Rev. Stat. » Chapter 36
Nebraska Revised Statutes

Neb. Rev. Stat. § 36-106 (2026)

Contracts for lease or sale of lands; specific performance

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Nothing contained in sections 36-103 to 36-106 shall be construed to abridge the powers of a court of equity to compel the specific performance of agreements in cases of part performance.

Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 1938–2026 · leading case: Kauk v. Kauk, 966 N.W.2d 45 (Neb. 2021).
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Kauk v. Kauk, 966 N.W.2d 45 (Neb. 2021). · cites it 5× “Rev. Stat. § 36-103 (Reissue 2016), the proponent of the contract must establish by clear, satisfactory, and unequivocal evidence the terms of the contract, that the acts done in the performance thereof are referable solely to that contract, and that the acts performed are of…”
Johnson v. NM Farms Bartlett, Inc., 414 N.W.2d 256 (Neb. 1987). · cites it 3× “Neb. Rev. Stat. § 36-106 (Reissue 1984) provides: “Nothing contained in sections 36-101 to 36-106 shall be construed to abridge the powers of a court of equity to compel the specific performance of agreements in cases of part performance.”
Walters v. Sporer, 905 N.W.2d 70 (Neb. 2017). · cites it 2× “The statute of frauds “is based on principles of equity, in particular, recognition that the purpose of the Statute of Frauds is to pre- vent frauds, not to enable a party to perpetrate a fraud by using the statute as a sword rather than a shield.”
Sayer v. Bowley, 503 N.W.2d 166 (Neb. 1993). · cites it 2× “Neb. Rev. Stat. § 36-106 (Reissue 1988). However, [w]e have consistently required that a party seeking specific performance of an oral contractfor the sale of real estate upon the basis of part performance must prove an oral contract, the terms of which are clear, satisfactory,…”
Taylor v. Clark, 10 N.W.2d 495 (Neb. 1943). · cites it 4× “” Section 36-106. “Nothing in this chapter contained shall be construed to abridge the powers of the court of equity to compel the specific performance of agreements in cases of part performance.”
Theobald v. Agee, 276 N.W.2d 191 (Neb. 1979). · cites it 6× “” The trial judge was faced with the issues as to whether there was in fact an oral agreement between the plaintiff and the deceased as alleged; and whether the evidence of such agreement and the terms thereof was clear, satisfactory, and unequivocal; and even if it were…”
Guynan v. Guynan, 305 N.W.2d 882 (Neb. 1981). · cites it 2× “Finally, we note that Neb. Rev. Stat. § 36-106 (Reissue 1978) provides: “Nothing contained in sections 36-101 to 36-106 shall be construed to abridge the powers of a court of equity to compel the specific performance of agreements in cases of part performance.”
Anderson v. Anderson, 36 N.W.2d 287 (Neb. 1949). · cites it 4× “Section 36-106, R. S. 1943, is the following: “Nothing contained in sections 36-101 to 36-106 shall be construed to abridge the powers of a court of equity to compel the specific performance of agreements in cases of .”
Darsaklis v. Schildt, 358 N.W.2d 186 (Neb. 1984). · cites it 3× “” The only exception to this general rule is that set out in § 36-106, which states: “Nothing contained in sections 36-101 to 36-106 shall be construed to abridge the powers of a court of equity to compel the specific performance of agreements in cases of part performance.”
Crnkovich v. Crnkovich, 15 N.W.2d 66 (Neb. 1944). · cites it 2× “” Section 36-106. “Nothing in this chapter contained shall *907 be construed to abridge the powers of the court of equity to .”
Schmidt v. Henderson, 27 N.W.2d 396 (Neb. 1947). · cites it 2× “1943, provides: “Every contract for the leasing for a longer period than one year, * * * of any lands, shall be void unless the contract or some note or memorandum thereof be in writing and signed by the party by whom the lease or sale is to be made.”
Krueger v. Callies, 208 N.W.2d 685 (Neb. 1973). · cites it 4× “Section 36-106, R.R.S. 1943, provides: "Nothing contained in sections 36-101 to 36-106 shall be construed to abridge the powers of a court of equity to compel the specific performance of agreements in cases of part performance.”
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