Fargo Glass & Paint Co. v. Smith

The plaintiff sues to recover $1576.00, with interest from January 5, 1932, upon a contract for the furnishing of labor and material for the installation of a store front, and alleges that it “substantially performed and completed said contract.”

The defendant denies the work was done correctly and counterclaims alleging “it will be necessary to tear out and completely install practically the entire front, etc.”

The case was tried to the court without a jury. The court found the plaintiff did substantially and in good faith perform the contract, but allowed the defendant a deduction of $100.00…