PALMER v. DORN

No. 40489.

243 N.W.2d 57 (1976)

196 Neb. 360

Kay PALMER, d/b/a Kay Palmer Construction Company, Appellee, v. Kenneth R. DORN and Janet B. Dorn, Appellants. Arlon MILLER, d/b/a Arlon Miller Company, Appellee, v. Kenneth R. DORN and Janet B. Dorn, Appellants, Impleaded with Nebraska State Savings and Loan Association of Fremont, a Nebraska Corporation and Kay Palmer, d/b/a Kay Palmer Construction Co., Appellees.

Supreme Court of Nebraska.

June 9, 1976.


Attorney(s) appearing for the Case

Erickson, Sederstrom, Johnson & Fortune, Omaha, for appellants.

James R. Welsh, G. Michael Kealhofer, Law Student, Riedmann & Welsh, Omaha, for appellee.

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


CLINTON, Justice.

This is an action by a construction contractor to recover on an oral contract to construct a residence on the basis of cost and a 15 percent fee. The defendant owner claims forfeiture of the commission by the contractor because the cost exceeded the estimate. The owner also counterclaimed, asking that the contractor be required to pay for carpeting for which a supplier had filed a materialman's lien against...

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