(Download) "Central Construction Company v. Donald" by Supreme Court of Nebraska " eBook PDF Kindle ePub Free
eBook details
- Title: Central Construction Company v. Donald
- Author : Supreme Court of Nebraska
- Release Date : January 09, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This was an action to foreclose a mechanic's lien. It was based on a contract involving the installation of plastic siding and aluminum windows and doors on defendants' residence. The district court found that the written contract was procured by the plaintiff by fraud and misrepresentation, ordered that the written contract be reformed to conform to the oral agreement of the parties, and dismissed plaintiff's petition. In July 1967, the defendants, Donald and Ardyce Osbahr, were the owners of a house in Hooper, Dodge County, Nebraska. Two representatives of the plaintiff called on defendants at their home. After several hours, the salesmen departed with a printed form contract which had been signed by the defendants. The cash price for the work to be done by plaintiff on defendants' residence was $2,720. Some of the blanks dealing with a time price were not filled in on the copy left with defendants. One paragraph of the printed agreement provided: ""There are no representations, guarantees or warranties except such as may herein be incorporated, if any, nor any agreement collateral hereto, nor is this contract dependent upon or subject to any conditions not herein stated. Any subsequent agreement in reference hereto shall be binding only if in writing and if signed by all parties. Owner(s) understand and agree that Contractor does not make, and no agent of Contractor is authorized to make, any agreement with Owner(s) either concerning the use of the Owner(s)' premises as a 'model home' or concerning any payments, credits or commissions to be received by Owner(s) for referrals of prospective customers. Owner(s) further understand and agree that, in the event Owner(s) make any such agreements with any person whomsoever, Contractor has no responsibility whatsoever for the performance of such agreements. Contractor does hereby expressly disaffirm any such agreements purportedly made on its behalf.""