Thornton Bros. Co. v. Memorial Park Assn. Inc.

HOLT, Justice.

Defendant appeals from the order denying its motion for a new trial.

Plaintiff is a corporation and contracted with defendant, a corporation, to do grading in its cemetery. The work was actually done by a subcontractor, Martin Wunderlich. The action is to recover for a balance due. The answer alleged payment and counterclaimed on the ground that at stated places more earth was removed than called for by the contract, necessitating the lowering, at an expense, of the watermains installed. It was stipulated that if the plaintiff be denied recovery then defendant may be given a…