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crossman v. Harbison

Court of Appeals of Nebraska

May 1, 2018

crossman & hosford, appellee,
v.
mlcaela harbison, Personal Representative of the Estate of Jeanne K. Moderow, deceased, appellant.

1. Summary Judgment. Summary judgment is proper when the pleadings and evidence admitted at the hearing disclose no genuine issue regarding any material fact or the ultimate inferences that may be drawn from those facts and that the moving party is entitled to judgment as a matter of law.
2. Summary Judgment: Appeal and Error. In reviewing a summary judgment, an appellate court views the evidence in the light most favorable to the party against whom the judgment is granted and gives such party the benefit of all reasonable inferences deducible from the evidence.
3. Debtors and Creditors: Words and Phrases. An "account stated" is an agreement between persons who have had previous dealings determining the amount due by reason of such transactions.
4. Debtors and Creditors. When parties have accounts against each other, and a statement of the account is made out by one party and presented to the other, and the latter expressly assents to its correctness, the law will regard it as a stated or settled account, and it will be binding on both parties.
5. Debtors and Creditors: Proof. The failure to object to an account rendered is admissible in evidence as tending to prove an acknowledgment of its correctness. Proof of an express promise to pay is not required.
6. Debtors and Creditors: Time. A party's retention without objection for an unreasonably long time of a statement of account rendered by the other party is a manifestation of assent. What constitutes an unreasonably long time is a question of fact to be answered in the light of all the circumstances.
[25 Neb.App. 850] 7. Appeal and Error. An appellate court is not obligated to engage in an analysis that is not necessary to adjudicate the case and controversy before it.

          Appeal from the District Court for Douglas County, Shelly R. Stratman, Judge, on appeal thereto from the County Court for Douglas County, Darryl R. Lowe, Judge. Judgment of District Court reversed and remanded for further proceedings.

          Benjamin M. Belmont and Wm. Oliver Jenkins, of Brodkey, Peebles, Belmont & Line, L.L.R, for appellant.

          Donald C. Hosford, Jr., of Crossman & Hosford, for appellee.

          Riedmann and Bishop, Judges, and Inbody, Judge, Retired.

          RlEDMANN, Judge.

         Crossman & Hosford sought recovery for legal services performed under an account stated theory. The county court for Douglas County granted summary judgment in its favor, and the judgment was affirmed by the district court. Finding a genuine issue of material ...


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