Pacific General Contractors, Inc. v. Slate Construction Co.

ON THE MERITS

LUSK, J.

This is an appeal from a judgment in favor of the plaintiff, Pacific General Contractors, Inc., a corporation (hereinafter called Pacific), and against the defendant, Slate Construction Company, a corporation, in the sum of $38,844.00.

Two of the assignments of error in defendant’s brief are based upon the circuit court’s rulings with respect to an equitable defense interposed in the answer. Questions of procedure thereby raised will first be disposed of.

The complaint states a cause of action at law for the recovery of moneys of the plaintiff had and received by the…