Goes v. Vogler

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Goes v. Vogler

Additional Case Names

Franklin Drywall v. Vogler

Case Number
Call Date
October 29, 2019
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-18-1201 & S-18-1203, Tanner Goes dba Goes Construction v. Eric Vogler and Destni Vogler, FMB Lincoln, Shelton Bros. Construction, L.L.C., and Franklin Drywall

Cass County District Court, Judge Michael A. Smith

Attorneys: Damien J. Wright and Natalie M. Hein (Welch Law Firm, for Volgers); James B. Luers (Cada, Cada, Hoffman & Jewson, for Goes Construction); Troy J. Bird (Hoppe Law, for Franklin Drywall)

Civil: Lien foreclosure; Construction contract

Proceedings Below: The district court found in favor of Goes Construction, Shelton Bros. Construction, and Franklin Drywall on their construction liens. The Voglers appealled.

Issues: Whether the district court erred in 1) finding that the Voglers (and not Shelton) committed the first material breach of the construction contract; 2) finding that Shelton had sustained its burden of proof with regard to damages; 3) finding that contract was a “cost-plus” rather than a “fixed price” contract; and 4) finding that Goes was entitled to foreclosure on its lien.

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