Legal Opinion · Concurrence

Occidental Savings & Loan Ass'n v. Cannon

Nebraska Supreme Court

Decided October 10, 1969No. 37221Published

1ConcurrenceNewton, J.

I concur in the result arrived at in the opinion of Spencer, J. I note, however, that the opinion contains the following language: “We determine there was no continuous contract herein. On the record the estimate was nothing more than an offer to furnish designated material at the price quoted. As material was ordered, a contract was implied for that particular arder ” (Emphasis supplied.) Being apprehensive that the foregoing statement indicates a separate implied contract was entered into each time materials were ordered and delivered for the construction of the house in question and that…

2Cases cited2 opinions

  1. Lewis v. HiskeyNebraska Supreme Court · 1958
  2. Heineman v. ThimganNebraska Supreme Court · 1939

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