Don Nelsen Construction Co. v. Landen

The plaintiff initiated this action by filing in the municipal court of the City of Omaha, Nebraska, a petition alleging that the defendant was indebted to the plaintiff in the sum of $3,542.90 under a written “cost plus 10%” building contract. Included in this sum was $2,400 which represented 10 percent of the $24,000 cost of the lots upon which the plaintiff contractor constructed a residence for the defendant.

The case was tried to the municipal court and that court entered judgment for the plaintiff and against the defendant in the sum of $2,400 plus costs. The defendant appealed from that…