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BRAUNGER FOODS, LLC v. SEARS

No. A-11-1109.

823 N.W.2d 723 (2012)

20 Neb. App. 428

BRAUNGER FOODS, LLC, Formerly Known as Toba of Iowa, LLC, Doing Business as Braunger Foods, appellant, v. Michael K. SEARS and Hungry's North, Inc., appellees.

Court of Appeals of Nebraska.

December 18, 2012.

Attorney(s) appearing for the Case

Jeana L. Goosmann and Anthony L. Osborn , of Goosmann Law Firm, P.L.C., for appellant.

Michael K. Sears, pro se.

IRWIN, PIRTLE, and RIEDMANN, Judges.

RIEDMANN, Judge.

INTRODUCTION

Braunger Foods, LLC, appeals from the order of the district court for Dakota County finding the personal guaranty unenforceable against Michael K. Sears. We affirm.

BACKGROUND

Sears is the owner of Hungry's North, Inc. (Hungry's). Braunger Foods sold food product supplies to Hungry's beginning in 2004 on an "open account." Hungry's began to fall behind on payments...

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