Bloedorn Lumber Company of North Platte, a Nebraska corporation, appellee,
Jarrod M. Nielson, appellee, and David A. Schilke and Candace Schilke, appellants.
Breach of Contract: Damages. A suit for damages
arising from breach of a contract presents an action at law.
Contracts: Restitution. Any quasi-contract
claim for restitution is an action at law.
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.
__. 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
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.
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.
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
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
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."
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.
Contracts: Liens. A party may pursue and
recover on an unjust enrichment or a quasi-contract claim,
notwithstanding a construction lien.
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
from the District Court for Lincoln County: Donald E.
Patrick M. Heng and Kortnei N. Hoeft, of Waite, McWha &
Heng, for appellants.
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.
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.