Mabey v. Kay Peterson Construction Co.

HOWE, Justice:

Defendant Kay Peterson Construction Company appeals from an adverse judgment contending (1) it was error to award any damages to the plaintiffs, and (2) defendant was awarded an insufficient amount on its counterclaim after the court reformed the contract between the parties.

Plaintiffs Thomas C. Mabey and Louise S. Mabey, his wife, purchased a “spec" house from the defendant construction company. Mr. Mabey, an engineer, had participated in its construction, as well as in the development of other houses built by the construction company. The Mabeys had expressed an interest in…