Gibbons & Reed Co. v. Guthrie

WADE, Justice.

Gibbons & Reed Company, respondent herein, filed suit against S. Y. Guthrie, Adam K. Grafe and Robert I. Ludwig to recover for monies expended under an oral agreement to do exploratory work on certain uranium mining claims for them and to furnish the equipment and personnel for the project. By their answer defendants admitted the oral agreement but sought to avoid liability on the ground of substantial non-performance by respondent and counterclaimed for damages because of respondent’s failure to supply usable equipment and parts resulting in failure to perform in accordance…