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S. A. SORENSEN CONSTRUCTION CO. v. BROYHILL

No. 34187.

87 N.W.2d 439 (1958)

165 Neb. 744

S. A. SORENSEN CONSTRUCTION CO., Appellee-Cross-Appellant, v. Roy F. BROYHILL and Arline Broyhill, Appellants-Cross-Appellees.

Supreme Court of Nebraska.

January 10, 1958.

Attorney(s) appearing for the Case

S. W. McKinley, Jr., Sioux City, Iowa, for appellants.

Mark J. Ryan, South Sioux City, Edward L. Moran, Sioux City, Iowa, for appellee.

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

YEAGER, Justice.

On a review of the record on rehearing we conclude that certain additional credits should be allowed against the amount of the mechanic's lien as determined by our former opinion.

Plaintiff and the defendant, Roy Broyhill, entered into a written agreement whereby defendants were to pay a materialman's lien filed by G. F. Hughes & Son. The amount paid on this lien on July 13, 1953, was $5,117.87. In our former opinion we allowed only $4...

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