Heifetz Metal Crafts, Inc., a Corporation, and Federal Insurance Co., a Corporation v. Peter Kiewit Sons' Co., a Corporation

JOHNSEN, Circuit Judge.

Heifetz Metal Crafts, Inc., sued to have rescinded and cancelled, for alleged mistake, a subcontract on a Veterans Hospital construction-project at Topeka, Kansas, entered into by it with Peter Kiewit Sons’ Co., the general contractor. Kiewit counterclaimed (joining as a party the surety on Heifetz’s performance bond) for damages in breach from Heifetz’s refusal to carry out the subcontract. The court, on a non-jury trial, denied relief to Heifetz and gave judgment in favor of Kiewit on its counterclaim. Heifetz and the surety have appealed.

Kiewit had been awarded the…