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ABEL CONSTRUCTION CO. v. SCHOOL DISTRICT OF SEWARD

No. 38075.

195 N.W.2d 744 (1972)

188 Neb. 205

ABEL CONSTRUCTION COMPANY, a Corporation, Appellant, v. SCHOOL DISTRICT OF SEWARD, in the COUNTY OF SEWARD, in the State of Nebraska, a Corporation, Appellee.

Supreme Court of Nebraska.

March 17, 1972.

Attorney(s) appearing for the Case

James W. Hewitt, Lincoln, for appellant.

Blevens, Bartu & Blevens, Seward, for appellee.

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

CLINTON, Justice.

This is an action by Abel Construction Company, plaintiff, to recover from the defendant, School District of Seward, $5,175 alleged to be the balance owed upon a contract for the construction of an athletic track with a rubber asphalt resilient surface and other improvements at the Seward high school. The contract provided for liquidated damages of $75 for each day completion of the construction extended beyond the specified 60-calendar day "contract...

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