S-21-0570, Schreiber Brothers Hog Company, a Nebraska Limited Liability Company and Steven Schreiber, an Individual member (Appellee) v. Jerald Schreiber, an Individual Member (Appellant).
Attorneys: Jonathan M. Brown (Walentine O’Toole, LLP for Appellee) – David A. Domina (Domina Law Group for Appellant).
Appeal from the District Court for Platte County, Judge Robert R. Steinke
Civil: Unjust Enrichment.
Proceedings Below: The district court entered judgment in favor of Plaintiff LLC for unjust enrichment, and ordered a shareholder to make a $400,000 capital contribution for the value added to the shareholder’s property when two hog buildings were built.
Issues: Appellant makes the following assignments of error: 1) the trial court erred when it entered judgment for Hog Co. on its unjust enrichment claim by applying unjust enrichment in a case governed by a contract; 2) trial court erred when it entered judgment for Hog Co. on its unjust enrichment claim by allowing the financial disparity of the parties to govern over their contractual relationship; 3) the trial court erred when it gave the appraiser’s report (E9) and testimony weight in deciding damages; 4) the trial court erred in the assessment of damages on the unjust enrichment claim; and 5) the trial court erred by failing to order payment of Hog Co. debts as part of the process of winding up the company to complete dissolution.