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STACKHOUSE v. GAVER

No. A-10-846.

801 N.W.2d 260 (2011)

19 Neb. App. 117

Thomas P. STACKHOUSE and Kimberly A. Stackhouse, appellants, v. Todd GAVER, doing business as Gaver Custom Homes and/or Gaver Construction, and James Marriott, appellees.

Court of Appeals of Nebraska.

August 2, 2011.

Attorney(s) appearing for the Case

Richard A. Drews , of Taylor, Peters & Drews, Omaha, for appellants.

George E. Martin III , of Baird Holm, L.L.P., and, on brief, Aimee C. Bataillon , of Spencer, Fane, Britt & Browne, L.L.P., Omaha, for appellee Todd Gaver.

Susan M. Napolitano , of The Hoppe Law Firm, L.L.C., Lincoln, for appellee James Marriott.

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

SIEVERS, Judge.

Thomas P. Stackhouse and Kimberly A. Stackhouse, a married couple, entered into two written agreements with Todd Gaver, doing business as Gaver Custom Homes and/or Gaver Construction (collectively Gaver), the result of which was to have been the purchase of a lot and the construction of a home for the Stackhouses. The contracts were not performed, and this litigation ensued between the parties over who was entitled to the $45,000 in earnest money paid...

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