FLINN PAV. CO. v. SANITARY & IMP. DIST. NO. 227, ETC.

No. 41043.

254 N.W.2d 78 (1977)

198 Neb. 542

FLINN PAVING COMPANY, INC., a corporation, Appellant, v. SANITARY AND IMPROVEMENT DISTRICT NO. 227 OF DOUGLAS COUNTY, Nebraska, Appellee.

Supreme Court of Nebraska.

May 25, 1977.


Attorney(s) appearing for the Case

James F. Fenlon, Omaha, for appellant.

Warren S. Zweiback of Zweiback & Laughlin, Omaha, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY, and WHITE, JJ.


SPENCER, Justice.

This is an action for damages for breach of a construction contract. The jury found there had been no breach of contract entitling either party to damages. The court accepted the verdict of the jury and overruled plaintiff's motion for new trial. Plaintiff appeals, setting out two assignments of error. Both refer to the fact that the court erred in failing to instruct the jury in certain particulars. We affirm.

The conclusion we reach does...

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