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CASS CONST. CO., INC. v. BRENNAN

No. 84-867.

382 N.W.2d 313 (1986)

222 Neb. 69

CASS CONSTRUCTION COMPANY, INC., a Nebraska Corporation, Appellant, v. Tim BRENNAN and Jim Asmussen, Appellees.

Supreme Court of Nebraska.

February 28, 1986.

Attorney(s) appearing for the Case

Robert E. Wheeler, of Stowell & Wheeler, P.C., Ord, for appellant.

Donna M. Farrell, of Peebles, Smith & Farrell, Neligh, for appellee Asmussen.

John M. Gerrard, of Domina & Gerrard, P.C., Norfolk, for appellee Brennan.

William B. Brandt and Robert J. Hallstrom, of Brandt, Horan, Hallstrom & Sedlacek, Lincoln, for amicus curiae Retail Merchants Ass'n of Nebraska, Inc.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

PER CURIAM.

This appeal presents the question of whether Neb. U.C.C. § 1-207 (Reissue 1980) has altered the common-law doctrine of accord and satisfaction as applied to checks tendered in full payment of a disputed obligation. The issue was before the district court on cross-motions for summary judgment. The trial court sustained the defendants' motions for summary judgment and dismissed the plaintiff's petition.

On approximately March 1, 1980, Cass Construction...

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