Basin Paving, Inc. v. Port of Moses Lake

Basin Paving, Inc. brought an action alleging the Port of Moses Lake owed it $70,000 on a contract. The Port counterclaimed for the return of that same amount of money, alleging it had overpaid Basin on a previous contract. In its answer, Basin stated the parties had agreed, in the settlement of a dispute arising out of the first contract, that Basin should retain all payments made by the Port to Basin prior to that date. The Superior Court found, inter alia, the Port was not aware of the $70,000 overpayment at the time it entered into the settlement and this unilateral mistake was induced by…