Betzing v. Wynn

CLAY, Commissioner.

Appellants employed appellee to construct a building for them. After a substantial amount of work had been completed, the contract was cancelled by mutual agreement. Appellee sued for the balance due him, which was agreed upon, subject to such set-off as appellants proved by reason of appellee’s failure to perform according to specifications. The jury disallowed appellants any recovery by way of set-off. On this appeal appellants contend: (1) the verdict was contrary to law because the jury did not follow the instructions; and (2) misconduct of appellee’s attorney in his…