Incorporated Town of Sallisaw v. Chappelle

This was an action commenced by the defendant in error, plaintiff below, against the plaintiff in error, defendant below, to • recover 'the balance due for constructing certain wing' walls and floodgates to a concrete dam, pursuant to tlie terms of a certain written contract entered into between the parties. The answer of the defendant, after a general denial, contained allegations to the effect that the plaintiff neglected, failed and refused to complete said wing walls and floodgates in accordance with the terms of his contract, and therefore he was not entitled to recover. The defendant,…