S-23-0885 Dolton Electric, L.L.C. (Appellee/Cross-Appellant) v. Dolf R. Ichtertz and Carol Ichtertz (Appellants/Cross-Appellees)
Appeal from the Nebraska Court of Appeals on appeal therefrom the District Court for Hall County, Judge Patrick M. Lee
Attorneys: Jared J. Krejci (Smith, Johnson, Allen, Connick & Hansen for Appellants) and Robert S. Lannin, J. Michael Hannon, and Tyler R. Rademacher (Baylor, Evnen, Wolfe & Tannehill, L.L.P. for Appellee)
Civil: Breach of contract and unjust enrichment
Proceedings Below: The Nebraska Court of Appeals affirmed the district court’s decision to grant Appellee’s claim for unjust enrichment, to deny the contractual claim, and to not award the full amount sought by Appellee. Appellants filed a petition for further review, which the Supreme Court sustained and transferred this case from the docket of the Court of Appeals to its docket.
Issues: On petition for further review, Appellant assigns the following errors: 1) The Court of Appeals erred in concluding that Appellee’s unjust enrichment claim was viable despite the fact that the work Appellee performed was covered in scope by express contracts (Appellant’s general contract with Jake’s Construction and Jake’s Construction’s subcontract with Appellee), and 2) The Court of Appeals erred in concluding that the work performed by Appellee which made up its unjust enrichment claim was not covered in scope by express contracts (Appellant’s general contract with Jake’s Construction and Jake’s Construction’s subcontract with Appellee).