Willmus v. Ray Jordan & Sons, Inc.

Otis, Justice.

This action is brought by a landowner to recover the agreed price of peat and topsoil which defendant Ray Jordan & Sons, Inc., contracted to remove from plaintiff’s premises. The trial court awarded plaintiff $10,099 against which it offset the sum of $5,460 awarded Jordan as damages for plaintiff’s breach of contract. Plaintiff appeals from the judgment and defendants1 seek review under Rule 106, Rules of Civil Appellate Procedure.

It is plaintiff’s position that the evidence does not sustain defendant Jordan’s offset. Defendants concede that the trial court was in error with…