Home/Nebraska Supreme Court/Frank McGill, Inc. v. Nucor Corp.

Frank McGill, Inc. v. Nucor Corp.

238 N.W.2d 894, 195 Neb. 448, 1976 Neb. LEXIS 941
CourtNebraska Supreme Court
DecidedFebruary 19, 1976
Docket40198
StatusPublished
Cited by37 cases

This text of 238 N.W.2d 894 (Frank McGill, Inc. v. Nucor Corp.) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Frank McGill, Inc. v. Nucor Corp., 238 N.W.2d 894, 195 Neb. 448, 1976 Neb. LEXIS 941 (Neb. 1976).

Opinion

Spencer, J.

This action involves the construction and interpretation of a written contract. The essential question presented is whether the trial court erred in holding the contract sufficiently ambiguous to permit the introduction of evidence of negotiations, conversations, and correspondence preceding the contract. The jury found for the plaintiff, Frank McGill, Inc., and the defendant, Nucor Corporation, appeals. Plaintiff cross-appeals from the refusal of the trial court to allow prejudgment interest. We affirm.

In the spring of 1973, Nucor built a steel plant rolling mill near Norfolk, Nebraska. The building is L-shaped. The east-west building forms the long side of the L, and the north-south building forms its short side. The walls and ceilings are constructed of a roll-form metal material not unlike corrugated steel siding. This siding is attached to vertical support studs or purlins, and horizontal trusses placed at regular intervals. The studs and trusses protrude from the siding surface into the building some 6 inches. To understand the question involved, we include the following photograph. It is a copy of a photograph of a portion of the wall in the east-west building.

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Bluebook (online)
238 N.W.2d 894, 195 Neb. 448, 1976 Neb. LEXIS 941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-mcgill-inc-v-nucor-corp-neb-1976.