Cohen v. Lewis

Cohen built for Lewis a corrugated iron shed under an agreement that Lewis would pay therefor the cost of construction plus 10 per eent. Upon*bills submitted by Cohen, Lewis paid Cohen $2,733.70 for building the shed. Later Lewis brought this suit against Cohen and the H. M. Cohen Lumber & Building Company to recover $1,303.70. It was alleged that the reasonable cost of the shed, plus 10 per cent., was $1,430, and the sum of $2,733.70 was paid by mutual mistake and miscalculation of the parties. In the alternative it was alleged that the payment was made upon the false and fraudulent…