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BRANDT v. MAYER

No. 40509.

246 N.W.2d 203 (1976)

196 Neb. 751

Norval BRANDT, Appellant, v. Lyle MAYER and Manette Mayer, Appellees.

Supreme Court of Nebraska.

October 20, 1976.

Attorney(s) appearing for the Case

Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, for appellant.

David C. Pierson, Pierson, Pierson & Fitchett, Lincoln, for appellee.

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

SPENCER, Justice.

This is an action by Norval Brandt, a contractor, to recover a balance due on an oral contract to construct a residence for defendants, Lyle and Manette Mayer. The issue tried was whether the oral agreement was made on a cost-plus basis. The trial court determined plaintiff failed to prove a cost-plus agreement. The trial court further found plaintiff also failed to prove the reasonable value of overhead...

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