Fauss Construction, Inc. v. City of Hooper

Colwell, District Judge.

Suit was brought by plaintiff, Fauss Construction, Inc., against defendant, City of Hooper, in the county court of Dodge County, Nebraska, to recover damages under a construction contract. Plaintiff recovered judgment for $2,731.84 and costs. Upon appeal to the District Court, the judgment was vacated and plaintiff’s petition dismissed. Plaintiff appeals. The judgment is affirmed.

On November 3, 1971, plaintiff and defendant entered into a written contract for the construction of a nursing home at a cost of $384,386. Plans and specifications, in part, provided:…