HENGGELER v. JINDRA

No. 39163.

214 N.W.2d 925 (1974)

191 Neb. 317

Allen J. HENGGELER and Margaret Henggeler, Appellants, v. Adolph A. JINDRA and Carol A. Jindra, Appellees.

Supreme Court of Nebraska.

February 14, 1974.


Attorney(s) appearing for the Case

Otradovsky & Bieber, Robert D. Westadt, Schuyler, for appellants.

Baker & Tessendorf, Douglas R. Milbourn, Columbus, for appellees.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, McCOWN, NEWTON, and CLINTON, JJ., and RONIN, District Judge.


BOSLAUGH, Justice.

This case arose out of a controversy concerning a construction contract. The defendants entered into a contract to purchase a house to be erected by the plaintiff, Allen J. Henggeler. A part of the contract price was financed by a loan from the plaintiffs secured by a mortgage on the property. After the controversy developed, this action was commenced to foreclose the mortgage.

The defendants' amended cross-petition alleged the basement...

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