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DENOURIE & YOST HOMES, LLC v. FROST

S-13-656.

854 N.W.2d 298 (2014)

289 Neb. 136

DENOURIE & YOST HOMES, LLC, a Nebraska limited liability company, appellant, v. Joe FROST and Amy Frost, husband and wife, and Security State Bank, doing business as Dundee a Nebraska corporation, appellees.

Supreme Court of Nebraska.

Filed September 26, 2014.

Attorney(s) appearing for the Case

Jerrold L. Strasheim , for appellant.

Christopher J. Tjaden , Michael J. Whaley , and Adam J. Wachal , of Gross & Welch, P.C., L.L.O., Omaha, for appellee Security State Bank.

Kristopher J. Covi , of McGrath, North, Mullin & Kratz, P.C., L.L.O., Omaha, for appellees Joe Frost and Amy Frost.

Heavican, C.J., Wright, Connolly, McCormack, Miller-Lerman, and Cassel, JJ.

Connolly, J.

I. SUMMARY

deNourie & Yost Homes, LLC (D & Y), contracted with Joe Frost (Frost) and Amy Frost to finish construction on a house the Frosts had started with another builder but had discontinued 1½ years earlier. The Frosts defaulted on progress payments after D & Y started work. D & Y eventually sued the Frosts and Security State Bank, doing business as Dundee Bank (the bank). It claimed, in part, that at different times...

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