Bethers v. Wood

CALLISTER, Justice.

Under date of January 17, 1957, the defendant, who had a prime contract with the Utah State Road Commission for the construction of a certain highway, entered into a subcontract with the plaintiff wherein the latter agreed to furnish the necessary gravel.

Plaintiff brought this action to recover the sum of $29,009.80 claimed due him under the terms of the subcontract. Defendant counterclaimed and alleged a right of set-off for damages, in excess of plaintiff’s claim, by reason of plaintiff’s delay in furnishing the gravel.

During the course of the trial, and while the…