Guschl v. Schmidt

Counsel for the defendant owners contend on this appeal that under finding of fact No. 23 contained in the so-called “supplemental” findings of fact the defendant owners are entitled to judgment against the plaintiff contractor on their counterclaim for the entire $5,600 paid by them on the contract price. Said finding is to the effect that the house as remodeled is of less value than prior to the remodeling.

It is at once apparent, in comparing finding No. 23 of the “supplemental” findings of. fact with the trial court’s memorandum decision, that such finding is in sharp conflict with the…