ROCKWELL AND BOND, INC. v. Flying Dutchman, Inc.

On July 3, 1974 plaintiff commenced an action against defendant to recover damages for an alleged breach of a construction contract in that defendant had failed to pay money owing which totálled $45,818.48. Defendant denied a breach and filed a counterclaim alleging that plaintiff was the breacher in failing to totally complete the project, resulting in a loss of profits to defendant, and also that plaintiff’s workmanship had been deficient in various respects. These actions were consolidated for trial with the case of Swanson Associates, Inc. v Flying Dutchman, Inc. A bench trial was…