Steven D. and Teresa M. Kucera - Page 14




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          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-           






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