Thompson v. Herrmann

OPINION

By the Court,

Mowbray, J.:

Walter E. Herrmann and his wife, Fern, filed a complaint in district court against Paul and Oleta Thompson, seeking specific performance or, in the alternative, damages resulting from an alleged breach of contract between the Herrmanns and the Thompsons, wherein Paul Thompson agreed to construct a small dam and reservoir for the Herrmanns in Lyon County. The Thompsons answered the complaint, and they filed a counterclaim, wherein they sought, in alternative causes of action, damages for breach of contract, fraud, unjust enrichment, and quantum meruit. The…