Stewart v. Mumme

Plaintiff brings this suit for $1,500, with interest and attorney’s fees, on a written contract dated September 3, 1926, entered into with the defendant, whereby plaintiff undertook to install a heating system in defendant’s home for the sum of $2,000, of which $500 was paid in casb. Defendant answered, averring that plaintiff had failed to perform his undertaking under the contract in that the heating system, as installed, would not function properly, and, by way of reconvention, prayed for a dissolution of the contract and for the return of the $500 paid.

The district court dismissed…