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CLARK & ENERSEN, ETC. v. SCHIMMEL HOTELS

No. 39963.

235 N.W.2d 870 (1975)

194 Neb. 810

CLARK & ENERSEN, HAMERSKY, SCHLAEBITZ, BURROUGHS & THOMSEN, INC., Appellant, v. SCHIMMEL HOTELS CORPORATION et al., Appellees.

Supreme Court of Nebraska.

December 11, 1975.

Attorney(s) appearing for the Case

R. L. Jeffrey, Michael F. Lee, Lincoln, for appellant.

Pierson, Pierson & Fitchett, Lincoln, for appellees.

Heard before WHITE, C.J., and BOSLAUGH, McCOWN and BRODKEY, JJ., and TESAR, District Judge.

McCOWN, Justice.

Plaintiff's petition seeks to recover for preliminary architectural and engineering services performed in connection with a contemplated 100-unit motor hotel addition to a hotel on which construction was never begun. The amended petition proceeded on two counts. Both counts seek to recover for the same work and both pray for recovery of an identical amount. The second count is on a quantum meruit theory of recovery. Defendants' demurrer to that count...

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