- 13 - no new agreement was executed until 3 years later supports such a determination. Having determined that the 1986 agreement’s automatic renewal provision extended the agreement to subsequent years, we now consider the agreements executed after the 1986 agreement. Under Nebraska law “‘A contract complete in itself will be conclusively presumed to supersede and discharge another one made prior thereto between the same parties concerning the same subject matter, where the terms of the latter are inconsistent with those of the former, so they cannot subsist together.’” The Nebraskans, Inc. v. Homan, 294 N.W.2d 879, 881 (Neb. 1980) (quoting In re Estate of Wise, 13 N.W.2d 146 (Neb. 1944)(syllabus of the court)); Goings v. Gerken, 263 N.W.2d 655 (Neb. 1978). In such case, “a merger of the agreements” occurs. The Nebraskans, Inc. v. Homan, supra. The parties’ intent to discharge an old agreement through the execution of a new agreement must clearly appear. See DeFilipps v. Skinner, 320 N.W.2d 737, 739 (Neb. 1982); In re Estate of Wise, supra. “An inspection of the contracts, together with examination of the circumstances, may show that the later contract was intended as supplementary to the first.” DeFilipps v. Skinner, supra at 739. Petitioners argue that the original agreement remained in effect for the years at issue and quote Moudry v. Parkos, 349 N.W. 2d 387, 389 (Neb. 1984), for the proposition that a year-to-Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011