SULLIVAN v. McNEIL

No. 4076

331 P.2d 853 (1958)

Joseph A. SULLIVAN, Alfred Gottesman, Milton M. Gettinger, Robert Gettinger, Milton M. Gettinger and Robert Gettinger, a copartnership, Milton M. Gettinger and Robert Gettinger, a limited partnership, doing business as Milton M. Gettinger Enterprises, Robert Gettinger, Executor of the Estate of Milton M. Gettinger, Deceased, L.B. Scherer, The Dunes Hotel, Inc., Alexander Barad, Patricia Barad, Benjamin Lassoff, Irene Lassoff, Robert Rice, Marjorie Rice, Lea Sullivan, Birdie Ruth Gottesman, Charles Fanning, Agnes Fanning, Jason Tarsey and Bess Tarsey, Appellants, v. Lawrence G. McNEIL and Bruce W. McNeil, a copartnership, doing business as McNeil Construction Co., Respondents.

Supreme Court of Nevada

November 19, 1958.


Attorney(s) appearing for the Case

Jones, Wiener & Jones, of Las Vegas, for Appellants.

John C. Mowbray, of Las Vegas; Woodburn, Forman, Wedge, Blakey and Thompson, Reno, for Respondents.


MERRILL, Justice.

This action is for foreclosure of a mechanic's lien. Judgment was for plaintiffs and defendants have taken this appeal. The principal issue upon appeal is raised by defendants' contention that there has been a failure of proof of plaintiffs' claim.

The claim is based upon a contract for construction of a resort hotel in Clark County. By the original contract it was agreed that the plaintiffs, as contractor, would be paid the actual cost of...

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