State Highway Commission v. Heintz Construction Co.

The defendants were joint venturers who performed the grading contract for the plaintiff Highway Commission in the construction of nine miles of Interstate 5. The Commission brought this action to recover an alleged overpayment of $75,000 made to the defendants. The joint venturers counterclaimed for the $72,000 retainage held by the Commission. The jury returned a verdict in favor of the Commission for the entire amount sought. The trial court granted defendants’ motion for a new trial and plaintiff appeals.

The motion for a new trial stated many alleged grounds. The order granting the new…