Armstrong Paving Products, Inc. v. Nielsen

— The parties to this action entered into a written contract for the construction of a driveway on premises belonging to the appellant. The written instrument in part is as follows:

“We will charge you for this drive at 24c per square foot over all. Payable $100.00 on completion, the balance by September 1, 1930, either in cash or your ninety-day, 6% note dated September 1, 1930.

“As explained to you, in consideration of payment as above specified, we agree to repair at our own expense any defects which may occur in this pavement within'five years from date of installation.”

The contract was…