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VANTAGE ENTERPRISES, INC. v. CALDWELL

No. 40519.

244 N.W.2d 678 (1976)

196 Neb. 671

VANTAGE ENTERPRISES, INC., Appellant, v. Stanley CALDWELL, Appellee.

Supreme Court of Nebraska.

August 4, 1976.

Attorney(s) appearing for the Case

Gordon C. Gobel, Fremont, for appellant.

Thomas B. Thomsen, Sidner, Svoboda, Schilke, Wiseman & Thomsen, Fremont, for appellee.

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

BRODKEY, Justice.

This case involves two separate consecutive lawsuits brought by the plaintiff, Vantage Enterprises, Inc., against the defendant, Stanley Caldwell, with whom Vantage had a written contract to construct a house. In its first action, Doc. 65, No. 22202, Vantage sued upon the express written contract, and sought to recover payments allegedly due under the contract. In his answer and cross-petition, Caldwell alleged that Vantage had substantially breached...

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