Martinson v. Brooks Equipment Leasing, Inc.

The issues on appeal are two:

1. Were the claimed “extras” included within the April 15th contract?

2. Was the imposition of $2,000 in liquidated damages unjustified?

It appears that at the time the contract was signed, April 15, 1965, the plans and specifications actually used to build the pool were not in existence. The only plans and specifications existing were those which accompanied the bid materials sent to interested contractors. These plans and specifications prepared by respondent’s engineer, William Dries, called for an all metal pool with a diatomaceous earth filter system that was…