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EAGLE RUN SQUARE II v. LAMAR'S DONUTS

No. A-05-1038.

740 N.W.2d 43 (2007)

15 Neb. App. 972

EAGLE RUN SQUARE II, L.L.C., a Nebraska limited liability company, appellee, v. LAMAR'S DONUTS INTERNATIONAL, INC., a Nebraska corporation, appellee, and Jack L. Irwin, appellant.

Court of Appeals of Nebraska.

October 2, 2007.

Attorney(s) appearing for the Case

Jerrold L. Strasheim, of Baird Holm, L.L.P., Omaha, for appellant.

James E. Lang and Kathleen M. Foster, of Laughlin, Peterson & Lang, Omaha, for appellee Eagle Run Square II, L.L.C.

INBODY, Chief Judge, and CARLSON and MOORE, Judges.

CARLSON, Judge.

INTRODUCTION

Eagle Run Square II, L.L.C. (Eagle Run), a Nebraska limited liability company, brought an action in the district court for Douglas County to recover on a personal guaranty signed by Jack L. Irwin. The trial court found that the guaranty was ambiguous and allowed the jury to hear extrinsic evidence to determine the meaning of the guaranty. The jury subsequently determined that Irwin...

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