Sinnett v. DIAL CONSTRUCTION COMPANY

This is an action for breach of contract brought by Sin-nett Brothers. Co., a partnership, against Dial Construction Company. The trial court dismissed the action at the close of the plaintiff’s evidence. The plaintiff appeals.

The evidence shows that on October 5, 1968, the plaintiff and the defendant entered into a contract for the cleaning of apartments that had been constructed by the defendant in Omaha, Nebraska. A written memorandum of the agreement, signed by the parties, provided that it was an “Agreement for complete clean up (ready to move in status) of the new 1 and 2 bedroom…