WILSON CONCRETE CO. v. A. S. BATTIATO CONST. CO.

No. 40269.

241 N.W.2d 819 (1976)

196 Neb. 185

WILSON CONCRETE COMPANY, Appellee, Cross-Appellant, v. A. S. BATTIATO CONSTRUCTION CO., Appellant, Cross-Appellee.

Supreme Court of Nebraska.

May 19, 1976.


Attorney(s) appearing for the Case

Abrahams, Kaslow & Cassman, Frederick S. Cassman, Omaha, for appellant.

Wayne J. Mark, Fraser, Stryker, Veach, Vaughn & Meusey, P. C., Omaha, for appellee.

Heard before WHITE, C. J., McCOWN, NEWTON and BRODKEY, JJ., and KORTUM, District Judge.


KORTUM, District Judge.

This is an action by the plaintiff, a fabricator of precast construction materials, upon a written contract to recover the balance due under said contract.

The plaintiff manufactured and erected for the defendant general contractor certain concrete double tee slabs used in the construction of a commercial apartment complex. The total contract price was $31,000 and the defendant made a payment of $15,000 leaving a remaining balance due...

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