Murphy v. Torstrick

CAMMACK, Judge.

This action was instituted in September, 1954, by the appellant, H. L. Murphy, Jr., under CR 57 for a judgment and declaration of rights on a contract to construct a building for a bowling alley claimed to have been made between the appellant and the appellee, Edward R. Torstrick. This appeal is from a judgment dismissing the complaint after a full hearing before the trial court.

The appellant contends the judgment should be reversed because (1) mistake was neither pleaded nor proved by the appellee and parol evidence was, therefore, inadmissible; (2) the appellee is liable…