SWINK v. SMITH

No. 35103.

113 N.W.2d 515 (1962)

173 Neb. 423

C. H. SWINK, an Individual doing business as Swink Construction Company, Appellee, v. Milo SMITH, Appellant.

Supreme Court of Nebraska.

March 2, 1962.


Attorney(s) appearing for the Case

Franklin D. Carroll, W. C. Conover, Grant, for appellant.

D. E. Owens, Benkelman, for appellee.

Heard before CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.


CARTER, Justice.

Plaintiff commenced this action to recover the balance due for services rendered the defendant at his request. Defendant by answer admitted making certain payments for such services and denied generally otherwise. Defendant filed a counterclaim for damages alleged to have resulted from a breach of contract by plaintiff. At the close of all the evidence the trial court sustained a motion for judgment for...

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