Mays v. Kast

This is an appeal from a judgment in favor of defendants-respondents Kast in an action brought by Plaintiff-Appellant Roy Mays to collect moneys allegedly due under an oral contract for construction of a concrete pit for the storage of corn silage. The Kasts refused to pay and defended the action on the basis that a portion of the pit collapsed due to improper design and faulty materials. Mays, on the other hand, claimed the collapse was due to improper actions of the Kasts.

The trial court found that Mays had breached an implied warranty of fitness thus entitling Kast to a set-off of $5,000.…