(Download) "Charles E. Grantham Et Al. v. General" by Supreme Court of Nebraska * eBook PDF Kindle ePub Free
eBook details
- Title: Charles E. Grantham Et Al. v. General
- Author : Supreme Court of Nebraska
- Release Date : January 21, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Charles E. Grantham and wife sought recovery for negligent damage to their service station from construction of a building on adjacent property owned by defendant General Telephone Company of the Midwest. Prior to the beginning of the work the parties had agreed that the architect would appraise damage to the Grantham property from the project. On remand in Grantham v. General Telephone Co., 187 Neb. 647, 193 N.W.2d 449 (1972), Granthams abandoned their claim for loss of profits. On motions of all defendants the District Court then entered summary judgments. Granthams appeal. Granthams assert that (1) the contractor, Roeder Brothers Construction, the architect, Helleberg and Helleberg, and a subcontractor, Francis Young, defendants, were only incidental beneficiaries of the above agreement, (2) the District Court erroneously interpreted the agreement to immunize defendants from liability for negligent damage to their property, although at least Granthams intended only damage from non-negligent conduct, and (3) performance of the alleged arbitration agreement was not final at common law.