Massman Construction Co. v. Lake Lotawana Ass'n

This is an action for the balance claimed to be due under-an excavation contract. There was a verdict and judgment in favor of plaintiff in the sum of $8521.56, and in favor of defendant in the sum of $700 on its counterclaim based upon plaintiff’s delay in performing the work. Defendant appealed to the Supreme Court and that court transferred the cause here.

The facts show that on July 14, 1944 the parties hereto entered into a written contract in which plaintiff undertook to make certain improvements to the spillway in the dam at Lake Lotawana in Jackson County, consisting of .the…