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SINNETT v. DIAL CONSTRUCTION COMPANY

No. 37882.

188 N.W.2d 681 (1971)

187 Neb. 190

John W. SINNETT and Ronald E. Sinnett, Partners d/b/a Sinnett Brothers Co., Appellants, v. DIAL CONSTRUCTION COMPANY, a Corporation, Appellee.

Supreme Court of Nebraska.

July 2, 1971.

Attorney(s) appearing for the Case

Charles Ledwith, Harry Holloway, III, Omaha, for appellants.

Monsky, Grodinsky, Cohen, Garfinkle & Zweiback, Mark L. Laughlin, Omaha, for appellee.

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

BOSLAUGH, Justice.

This is an action for breach of contract brought by Sinnett Brothers Co., a partnership, against Dial Construction Company. The trial court dismissed the action at the close of the plaintiff's evidence. The plaintiff appeals.

The evidence shows that on October 5, 1968, the plaintiff and the defendant entered into a contract for the cleaning of apartments that had been constructed by the defendant in Omaha, Nebraska. A written memorandum...

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