Simonton Construction Co. v. Pope

Duckworth, Chief Justice.

We transferred this case to the Court of Appeals upon the ground that it contained no equity and, it being a case at law, that court had jurisdiction. But the defendants in error complained strongly in a motion for rehearing and asserted that it was an equity case; and being caused by the motion to doubt the soundness of our ruling, we granted the motion, vacated our judgment, and withdrew the opinion.

The suit was by a subcontractor against the contractor to recover an amount stated to the exact cent. The answer set up a setoff in the amount alleged to have been spent…