HAHN & HUPF CONST. v. HIGHLAND HEIGHTS

No. 84-624.

382 N.W.2d 607 (1986)

222 Neb. 189

HAHN & HUPF CONSTRUCTION, INC., a Nebraska Corporation et al., Appellants, v. HIGHLAND HEIGHTS NURSING HOME, INC., a Nebraska Corporation, et al., Appellees.

Supreme Court of Nebraska.

March 7, 1986.


Attorney(s) appearing for the Case

Whelan Foote & Scherr, P.C., Hastings, for appellants.

Jerry C. Stirtz of Martin, Stirtz & Martin, Minden, for appellee Nolte.

Arthur R. Langvardt, Hastings, for appellees Plum et al.

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


HASTINGS, Justice.

The plaintiffs, all contractors, in a suit arising out of the breach of construction contracts by the owner, Highland Heights Nursing Home, Inc., a bankrupt corporation, sought recovery from the individual directors.

The theory of plaintiffs' recovery was (1) false and fraudulent representations made by the directors individually to the plaintiffs; (2) acts committed by the individual directors in permitting the plaintiffs to proceed with...

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