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STATE v. ROBATHAM

No. 39908.

234 N.W.2d 834 (1975)

194 Neb. 668

Theodore SCHWEITZ, d/b/a Schweitz Equipment Co., etc., Appellant, Cross-Appellee, v. Plin ROBATHAM, Appellee, Cross-Appellant, v. B & D CONSTRUCTION, INCORPORATED, et al., Appellees, Cross-Appellees.

Supreme Court of Nebraska.

November 6, 1975.

Attorney(s) appearing for the Case

Philip T. Morgan, Fullerton, for appellant.

Jewell, Otte, Gatz, Collins & Domina, Norfolk, for Robatham.

Robak & Geshell, Columbus, Marti, Dalton, Bruckner, O'Gara & Keating, Lincoln, for B & D Construction, Inc., and others.

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

BOSLAUGH, Justice.

This case arises out of a controversy concerning a contract for the construction of a dairy barn and milking parlor on the property of Plin Robatham near Marquette, Nebraska. The plaintiff, Theodore Schweitz, is in the dairy equipment business. As a part of this business he constructs buildings.

In 1970 the plaintiff entered into an oral contract to construct a dairy barn and milking parlor for Robatham. The amount due the plaintiff under...

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