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MIDWEST LUMBER CO. v. DWIGHT E. NELSON CONST. CO.

No. 38143.

196 N.W.2d 377 (1972)

188 Neb. 308

MIDWEST LUMBER COMPANY, Appellant, v. DWIGHT E. NELSON CONSTRUCTION CO., Appellee.

Supreme Court of Nebraska.

April 14, 1972.

Attorney(s) appearing for the Case

Kenneth Cobb, J. S. Berry, Lincoln, for appellant.

Knudsen, Berkheimer, Endacott & Beam, Larry L. Langdale, Lincoln, for appellee.

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

CLINTON, Justice.

This is an appeal from an order of the district court sustaining the motion of the defendant Dwight E. Nelson Construction Company for judgment on the pleadings and the subsequent order of dismissal of the petition of the plaintiff Midwest Lumber Company. We affirm. The parties hereafter will be referred to as contractor and owner respectively. They entered into a construction contract under the terms of which the contractor agreed to construct three...

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