Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bloedorn Lumber Co. of North Platte v. Nielson

Supreme Court of Nebraska

August 10, 2018

Bloedorn Lumber Company of North Platte, a Nebraska corporation, appellee,
v.
Jarrod M. Nielson, appellee, and David A. Schilke and Candace Schilke, appellants.

         1. Breach of Contract: Damages. A suit for damages arising from breach of a contract presents an action at law.

         2. Contracts: Restitution. Any quasi-contract claim for restitution is an action at law.

         3. Judgments: Appeal and Error. In a bench trial of a law action, the trial court's factual findings have the effect of a jury verdict and will not be disturbed on appeal unless clearly wrong.

         4. __: __. In reviewing a judgment awarded in a bench trial of a law action, an appellate court does not reweigh evidence, but considers the evidence in the light most favorable to the successful party and resolves evidentiary conflicts in favor of the successful party, who is entitled to every reasonable inference deducible from the evidence

         5. Venue: Appeal and Error. Where the record does not show an abuse of discretion, a ruling on a motion to transfer venue will not be disturbed on appeal.

         6. Jurisdiction: Appeal and Error. Before reaching the legal issues presented for review, it is the duty of an appellate court to determine whether it has jurisdiction over the appeal.

         7. Jurisdiction: Final Orders: Appeal and Error. For an appellate court to acquire jurisdiction over an appeal, there must be a final order or final judgment entered by the court from which the appeal is taken.

         8. Judgments: Final Orders: Words and Phrases. A final judgment is one that disposes of the case either by dismissing it before hearing is had upon the merits, or after trial by rendition of judgment for the plaintiff or defendant.

         [300 Neb. 723] 9. Contracts: Unjust Enrichment: Quantum Meruit. A claim that a court should imply a promise or obligation to prevent unjust enrichment goes by a number of names-"quasi-contract," "implied-in-law contract," or "quantum meruit."

         10. Contracts. An express contract claim will supersede a quasi-contract claim arising out of the same transaction to the extent that the contract covers the subject matter underlying the requested relief.

         11. Contracts: Liens. A party may pursue and recover on an unjust enrichment or a quasi-contract claim, notwithstanding a construction lien.

         12. Judgments: Words and Phrases. An abuse of discretion occurs when a trial court's decision is based upon reasons that are untenable or unreasonable or if its action is clearly against justice or conscience, reason, and evidence.

          Appeal from the District Court for Lincoln County: Donald E. Rowlands, Judge.

          Patrick M. Heng and Kortnei N. Hoeft, of Waite, McWha & Heng, for appellants.

          George E. Clough, and, on brief, Andrea Finegan McChesney, of McChesney & Farrell, for appellee Bloedorn Lumber Company of North Platte.

          Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, and Papik, JJ., and Daugherty, District Judge.

          PAPIK, J.

         Jarrod M. Nielson alleged that David A. Schilke and Candace Schilke failed to pay him for work he performed on their residence. Following a bench trial, the district court entered judgment in favor of Nielson and against the Schilkes. The Schilkes raise various assignments of error regarding that judgment on appeal, but we find no merit to those assignments of error and, consequently, affirm the judgment of the district court.

         BACKGROUND

...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.