Paulsen v. Coombs

I concur with the prevailing opinion by Mr. Justice HENRIOD in affirming the main portions of the judgment of the trial court. However, I am also inclined to the view that there is “clear and convincing evidence” that there was a mutual mistake with respect to the item of $280.44 for materials as found by the trial court and that the judgment should be affirmed in toto.

The only way to evaluate the evidence is to briefly review it. Defendant Kenneth E. Coombs was acting as his own contractor in building a home. He let a contract to Paulsen for the carpenter work, which included numerous…