Delzar Construction Co. v. New Marian Homes Corp.

TEIGEN, Judge.

This is an appeal by the plaintiff, Delzer Construction Company, from a judgment dismissing plaintiff’s complaint and the defendant’s counterclaim. The case was tried to the court without a jury and a trial de novo is demanded. The appeal is from the whole judgment and the entire judgment is open for review.

The plaintiff, a contractor, brought this action against the defendant, a subdivision developer, for money damages alleged to have arisen out of contract. The defendant admits contract, pleads payment in full, and counterclaims for damages for delay.

The district court…