Paulsen v. Coombs

*51HENRIOD, Justice.

Appeal from a judgment for a balance due on a written contract for carpenter work. Affirmed, the parties to bear their own costs on appeal.

Plaintiffs pleaded the contract and defendants counterclaimed for damages for non-performance, mal-performance and for certain materials furnished by defendants, which, under the terms of the contract, plaintiffs were to supply. By reply, plaintiffs for the first time sought to avoid the materials clause by asserting it was included by mutual mistake, asking reformation for that reason.

Without detailing the voluminous and mostly…