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HERSCH BLDGS., INC. v. STEINBRECHER

No. 40979.

253 N.W.2d 310 (1977)

198 Neb. 486

HERSCH BUILDINGS, INC., a corporation, Appellant and Cross-Appellee, v. Betty J. STEINBRECHER, Administratrix of the Estate of Clarence G. Steinbrecher, Deceased, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

May 11, 1977.

Attorney(s) appearing for the Case

Wright & Simmons, Scottsbluff, for appellant.

Nichols & Meister, Scottsbluff, for appellee.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, McCOWN, BRODKEY and WHITE, JJ., and KUNS, Retired District Judge.

McCOWN, Justice.

This is an action to recover amounts allegedly overpaid on an oral construction contract. The jury returned a verdict for the plaintiff in the sum of $6,182.61. The plaintiff has appealed and the defendant has cross-appealed.

In 1966, Hersch Buildings, Inc., entered into an oral contract with Clarence G. Steinbrecher, a contractor, to build a packing and rendering plant for Hersch on a basic cost plus 8 percent basis. Steinbrecher finished...

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