LAND PAVING CO. v. D.A. CONST. CO., INC.

No. 83-170.

338 N.W.2d 779 (1983)

215 Neb. 406

LAND PAVING CO., a Nebraska corporation, Appellant, v. D.A. CONSTRUCTION COMPANY, INC., a Nebraska corporation, Appellee.

Supreme Court of Nebraska.

September 30, 1983.


Attorney(s) appearing for the Case

C. Robert Vote of Young & White, Omaha, for appellant.

Dennis E. Martin of Dwyer, O'Leary & Martin, P.C., Omaha, for appellee.

KRIVOSHA, C.J., BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.


PER CURIAM.

The issue upon this appeal is whether the plaintiff was entitled to prejudgment interest.

The action was brought to recover $8,329.68, the balance due the plaintiff on an express contract for paving a parking lot. There was no dispute about the amount due the plaintiff if the work was performed satisfactorily.

The defendant's answer alleged the work had not been substantially performed in a good and workmanlike manner. The defendant counterclaimed...

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