Dutton & Kendall Co. v. Hoffman

The defendant in error (plaintiff below) obtained a judgment for $6,673.68 against the plaintiff in error (dejfendant below).

The defendant had a contract with the City and County of Denver for the construction of the Marston Lake Filter plant. The plaintiff did grading under a subcontract. The judgment was for an unpaid balance found due him, with interest thereon. The defendant pleaded a counterclaim for' money it claims to have over-paid the plaintiff by mistake. Tbe issues on tbe counterclaim were found against tbe defendant. There is no dispute as to the total number of yards of material…