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LEE SAPP LEASING v. ARCHBISHOP OF OMAHA

No. S-93-781.

540 N.W.2d 101 (1995)

248 Neb. 829

LEE SAPP LEASING, INC., Appellee, v. The CATHOLIC ARCHBISHOP OF OMAHA, Doing Business as Daniel J. Gross High School, Appellant.

Supreme Court of Nebraska.

December 1, 1995.

Attorney(s) appearing for the Case

Edward D. Hotz and Patrick M. Flood, of Betterman Katelman & Hotz, Omaha, for appellant.

Bradley K. Schweer, of Schweer & Ferraro, Omaha, for appellee.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.

LANPHIER, Justice.

The Catholic Archbishop of Omaha, doing business as Daniel J. Gross High School (Gross High) refused to make payments to Lee Sapp Leasing, Inc. (LSL), due under a "lease." Under the agreement, Gross High was to purchase surge suppressors from Midwest Energy Controls, Inc. (Midwest Energy), and LSL was to finance the sale. Payment was to be made by LSL to Midwest Energy when Gross High accepted delivery. After some of the suppressors blew up on installation...

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