Howard-Cooper Corp. v. Umpqua Dredging & Construction Co.

This action was instituted on the 7th day of February, 1932. It is based upon an account for material and labor. The itemized statement attached to and made a part of plaintiff’s complaint discloses a series of charges beginning with one dated January 8, 1930, and concluding with one dated January 28,1931. The charges total $9,600.53. The credits begin with one dated April 9, 1930, and end with one dated July 10, 1931, and total $6,383.73, leaving a balance of $3,216.80.

In a third amended answer defendant asserts a counterclaim for damages because of an alleged breach of warranty.

At the trial…