Barton v. Mirich

Plaintiff-appellants entered into a lawsuit against defendant-appellee to recover $7,323.64 paid to defendant-appellee by appellants under a construction contract, plus $10,000 damages.

The defendant-appellee filed three pleading Paragraphs of answer. In the first Paragraph of answer the appellee admitted that plaintiff-appellants had made payments of $7,-323.64 to him; the second Paragraph alleged an affirmative defense, charging the appellants breached the construction contract; the third Paragraph alleged the contract was rescinded and abandoned by the plaintiffs, to which were filed…