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CENTRAL CONSTRUCTION COMPANY v. OSBAHR

No. 37447.

180 N.W.2d 139 (1970)

186 Neb. 1

CENTRAL CONSTRUCTION COMPANY, a Corporation, Appellant, v. Donald Leroy OSBAHR and Ardyce Osbahr and United States of America, Appellees.

Supreme Court of Nebraska.

October 9, 1970.

Attorney(s) appearing for the Case

Kerrigan, Line & Martin, Fremont, for appellant.

H. E. Hurt, Jr., Scribner, for appellees.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.

McCOWN, Justice.

This was an action to foreclose a mechanic's lien. It was based on a contract involving the installation of plastic siding and aluminum windows and doors on defendants' residence. The district court found that the written contract was procured by the plaintiff by fraud and misrepresentation, ordered that the written contract be reformed to conform to the oral agreement of the parties, and dismissed plaintiff's petition.

In July 1967, the defendants...

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