City of Lexington v. Pratt

PARKER, Circuit Judge.

This was an action instituted by W. 0. Pratt against the city of Lexington, S. C., to recover the balance due under a contract for the construction of a water purification plant. The complaint alleged the execution of the contract, the performance of the work, and the issuance of a certificate of completion by the engineer of the city. The answer alleged that the work had not been completed and that there were certain defects therein which it was the duty of the plaintiff to repair.' On the trial defendant was allowed to amend its answer so as to allege also damages due…