RUZICKA v. PETERSEN

No. 82-108.

330 N.W.2d 913 (1983)

P.A. RUZICKA, doing business as P & G Builders, Appellee, v. Martin E. PETERSEN, Jr., and Janelle L. Petersen, husband and wife, Appellants.

Supreme Court of Nebraska.

March 4, 1983.


Attorney(s) appearing for the Case

Seb Caporale, Omaha, for appellants.

Albert Lustgarten, Omaha, for appellee.

KRIVOSHA, C.J., McCOWN, and HASTINGS, JJ., and GRANT and HOWARD, District Judges.


HOWARD, District Judge.

Defendants appeal from a decree foreclosing plaintiff's mechanic's lien for labor in the construction of defendants' house, assigning as error only that a cost estimate submitted by plaintiff in the amount of $5,490 constituted a fixed contract price, which plaintiff had been paid, and that the court should not have allowed recovery on a quantum meruit basis in a larger amount. Defendants also seek reversal of the trial court's dismissal of...

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