Richards v. Tyee Lumber & Manufacturing Co.

This is an action brought by a prime contractor against a material supplier for the recovery of an alleged overpayment made by mistake and for the recovery of damages caused by the delivery of allegedly defective materials. The supplier claimed offsets for the delivery of materials over and above those required by its agreement. The cause was tried to the court, which found in favor of the plaintiff and denied the defendant’s claim of offsets.

The first contention on appeal is that the court committed error in denying to the defendant its right to argument by counsel at the close of the…