Grothe v. Erickson

This is an action to foreclose a mechanic’s lien.

Plaintiff is a contractor with headquarters in Omaha. He is a nephew of defendant’s wife. Plaintiff alleged that on or about June 15, 1950, he entered into an oral contract with* defendant to construct a dwelling house “at a cost of all materials, supplies and labor therefor plus 10%.” The house was to be built, at Craig, Nebraska.

Plaintiff alleged full performance on his part; that the total amount payable to him was $18,016.25; that the defendant paid thereon $16,972.97, leaving a balance due of $1,043.28, which the defendant refused to pay;…