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ASSOCIATED WRECKING v. WIEKHORST BROS.

No. 86-552.

424 N.W.2d 343 (1988)

228 Neb. 764

ASSOCIATED WRECKING AND SALVAGE CO., a Corporation, Appellee, v. WIEKHORST BROTHERS EXCAVATING & EQUIPMENT CO., a Partnership, Appellant, Universal of Omaha Casualty Insurance Company, a Corporation, Appellee.

Supreme Court of Nebraska.

June 10, 1988.

Attorney(s) appearing for the Case

Dan D. Stoller, Elkhorn, for appellant.

John W. Steele of Schumacher & Gilroy, Omaha, for appellee Associated Wrecking and Salvage Co.

HASTINGS, C.J., WHITE and FAHRNBRUCH, JJ., and WOLF and McGINN, District Judges.

HASTINGS, Chief Justice.

This was an action involving oral contracts. The district court found in favor of the plaintiff both on express contracts and on an action in quantum meruit, and for the defendant Wiekhorst Brothers Excavating & Equipment Co. on its cross-petition for liquidated damages assessed against it by the city of Omaha for failure to complete its contract with the city on time. Defendant appeals, assigning as error the action of the trial court...

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