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LANGE INDUSTRIES v. HALLAM GRAIN CO.

No. S-91-548.

507 N.W.2d 465 (1993)

244 Neb. 465

LANGE INDUSTRIES, INC., formerly known as Lange Building and Farm Supply, Inc., Appellee and Cross-Appellant, v. HALLAM GRAIN CO., a Nebraska Corporation, Appellant and Cross-Appellee, and FirsTier Bank Omaha, formerly known as First National Bank of Omaha, a National Banking Association, Appellee.

Supreme Court of Nebraska.

November 5, 1993.

Attorney(s) appearing for the Case

Robert B. Creager of Berry, Anderson, Creager & Wittstruck, P.C., Lincoln, for appellant.

Siegfried H. Brauer, III of Ross, Schroeder, Brauer & Romatzke, Kearney and John W. Ballew, Jr. of Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, for appellee Lange Industries.

HASTINGS, C.J., BOSLAUGH, WHITE, SHANAHAN, FAHRNBRUCH, and LANPHIER, JJ., and RONIN, District Judge, Retired.

FAHRNBRUCH, Justice.

Hallam Grain Co. (Hallam) appeals the entry of a construction lien foreclosure in favor of Lange Industries, Inc. (Lange), based upon the district court's finding that Lange had substantially performed its agreement to build a $510,000 four-bin grain elevator facility for Hallam. The grain company had filed six counterclaims at law.

After taking into account various credits and charges, the district court for Lancaster County found that...

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