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TIMMONS v. NELSEN

No. 33514.

66 N.W.2d 406 (1954)

159 Neb. 193

Glenn TIMMONS d/b/a Timmons Construction Co., Appellant, v. Andrew C. NELSEN and Olive B. Nelsen, Appellees.

Supreme Court of Nebraska.

October 8, 1954.

Attorney(s) appearing for the Case

Frost, Peasinger & Meyers, Omaha, for appellant.

Morgan & Carnazzo and Pilcher & Haney, Omaha, for appellees.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

CARTER, Justice.

This is a suit to foreclose a mechanic's lien on a new house in the claimed amount of $8,231.17. The answer of the defendants alleges an oral contract between the parties by which plaintiff agreed to build the house for $32,075.20. Defendants paid $33,500 to the plaintiff and they claim an overpayment of $1,424.80. Defendants also filed a counterclaim for damages in the amount of $4,000 for the failure of the plaintiff to construct a driveway into...

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