GROTHE v. ERICKSON

No. 33316.

59 N.W.2d 368 (1953)

157 Neb. 248

GROTHE v. ERICKSON.

Supreme Court of Nebraska.

June 26, 1953.


Attorney(s) appearing for the Case

Fraser, Connolly, Crofoot & Wenstrand, J. V. Benesch, Omaha, for appellant.

Paul W. Eagleton, Keith Hopewell, Tekamah, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, and BOSLAUGH, JJ.


SIMMONS, Chief Justice.

This is an action to foreclose a mechanic's lien.

Plaintiff is a contractor with headquarters in Omaha. He is a nephew of defendant's wife. Plaintiff alleged that on or about June 15, 1950, he entered into an oral contract with defendant to construct a dwelling house "at a cost of all materials, supplies and labor therefor plus 10%." The house was to be built at Craig, Nebraska.

Plaintiff alleged full performance on his part...

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