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<br />( <br /> <br />88- 104214 <br /> <br />NON on 'this. 1 day of October, 1.982,..the Court, <br /> <br /> <br />having. examined the files and the evidence Bdduced, and <br /> <br /> <br />having studi.ed the fdna1 argW1leZJts ;submitt~.b'y counsel, <br /> <br /> <br />finds generally against the Plaintiff on its Petition 'and <br /> <br /> <br />generally for the Defendants on their Cross-Petition. The <br /> <br /> <br />Court in so holding makes the following filldings of fact: <br /> <br /> <br />1. The Court has jurisdiction of the parties and the <br /> <br /> <br />subject matter of the action. <br /> <br /> <br />2. The parties did on the 3rd day of July, 1980, <br /> <br /> <br />enter into an agreement wherein the Defendants purchased <br /> <br /> <br />from the Plaintiff an Islander Starlit modular unit, and <br /> <br /> <br />for said unit and the installation upon the Defendants' <br /> <br />property, all as set out in said contract, the Defendants <br /> <br />agreed to pay the sum of $39,655.00. <br /> <br />3. That the Defendants have paid to the Plaintiff upon <br /> <br />said contract the sum of $33,500.00. <br /> <br />4. That the Mechanic's Uen filed by the Plaintiff <br /> <br /> <br />on February 5, 1981, as Document No. 81-000546 in the <br /> <br />office of the Register of Deeds of Hall County, Nebraska, <br /> <br /> <br />having failed to comply with the statutory requirements of <br /> <br /> <br />~ 52-403, R.R.S. 1943, 1978 Reissue, is null and void and of <br /> <br /> <br />no force and effect. <br /> <br /> <br />5. That the Plaintiff failed to complete the construction <br /> <br />and installation of said modular unit as agreed upon in a <br /> <br />workmanlike manner and in accordance wi th good usage and <br /> <br />accepted practice in the community. <br /> <br />-2- <br />