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DENTON v. NELSON

No. 42695.

290 N.W.2d 462 (1980)

205 Neb. 833

David DENTON, doing business as Denton Excavating, Appellee, v. Clifford E. NELSON, Appellant.

Supreme Court of Nebraska.

April 1, 1980.

Attorney(s) appearing for the Case

William C. Stanek, of Stanek & Smith, Lyons, for appellant.

Clarence E. Mock, of Johnson & Mock, Oakland, for appellee.

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

McCOWN, J.

This is a contract action to recover the balance due under an alleged oral agreement for the construction of certain waterways. As an alternative cause of action the plaintiff sought recovery for the reasonable value of the services under quantum meruit. The case was tried in the county court without a jury. The county court found for the defendant and dismissed plaintiff's petition. On appeal, the District Court found generally for the plaintiff on the...

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