Schreiber Brothers Hog Company, LLC v. Schreiber

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Schreiber Brothers Hog Company, LLC v. Schreiber

Case Number
S-21-0570
Call Date
March 30, 2022
Case Time
9:30 AM
Court Number
Platte
Case Location
Creighton
Court Type
District Court
Case Summary

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.

Schedule Code
SC