CREDIT BUREAU SERVICES, INC. v. MOYLAN

No. 40173.

237 N.W.2d 151 (1976)

195 Neb. 197

CREDIT BUREAU SERVICES, INC., Appellant, v. Patrick F. MOYLAN, Appellee.

Supreme Court of Nebraska.

January 8, 1976.


Attorney(s) appearing for the Case

John L. Cutright, Fremont, for appellant.

Cullan & Cullan, David J. Cullan, Omaha, for appellee.

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


NEWTON, Justice.

This is an action to recover on a construction contract for the erection of a duplex. Defendant failed and refused to make the final payment due on the contract. The claim was assigned to plaintiff. Defendant claimed a setoff for defective construction. On trial to the court, judgment was entered for defendant. We affirm the judgment of the District Court.

The contract provided for the furnishing of all labor and materials by the contractor...

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