KNOELL CONST. CO., INC. v. HANSON

No. 44423.

316 N.W.2d 321 (1982)

210 Neb. 628

KNOELL CONSTRUCTION COMPANY, INC., Appellant, v. James A. HANSON et al., Appellees.

Supreme Court of Nebraska.

February 19, 1982.


Attorney(s) appearing for the Case

Steven O. Stumpff of Stumpff & Washburn, Broken Bow, for appellant.

Carlos E. Schaper and John O. Sennett, Broken Bow, for appellees.

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


McCOWN, Justice.

This is an action for foreclosure of a mechanic's lien. On the first appearance of this case in this court we reversed a judgment for the plaintiff and remanded the case to the District Court for a new trial. Following remand the District Court denied plaintiff's motion to amend the petition to seek recovery on the same basic facts but on the basis of quantum meruit rather than an express contract. The court then granted the defendants' motion for...

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