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PIONEER ENTERPRISES, INC. v. EDENS

No. 83-099.

345 N.W.2d 16 (1984)

216 Neb. 672

PIONEER ENTERPRISES, INC., a Nebraska corporation, Appellant, v. Lee Ray EDENS, Appellee.

Supreme Court of Nebraska.

March 2, 1984.

Attorney(s) appearing for the Case

C. Morris Gillespie, Bayard, for appellant.

Steven C. Smith of Van Steenberg, Brower, Chaloupka, Mullin & Holyoke, Gering, for appellee.

BOSLAUGH, WHITE, HASTINGS, and SHANAHAN, JJ., and BRODKEY, J., Retired.

HASTINGS, Justice.

This is an action for recovery of the balance due on a written contract to build a grain storage facility, brought by the plaintiff, Pioneer Enterprises, Inc. (Pioneer), against the defendant, Lee Ray Edens.

In this action at law, tried without a jury, Edens raised the defenses that the agreement was not substantially performed, that Pioneer failed to perform the agreement in a workmanlike manner, and that the grain storage facility was...

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