[Download] "Wagoner v. Turpin Park Irrigation Co." by Supreme Court of Wyoming # eBook PDF Kindle ePub Free
eBook details
- Title: Wagoner v. Turpin Park Irrigation Co.
- Author : Supreme Court of Wyoming
- Release Date : January 08, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The within action was commenced on December 6, 1956, by the plaintiffs filing of a petition for a declaratory judgment seeking a determination of the rights of the plaintiff to terminate a contract theretofore entered into by the plaintiff with the defendant, Robert J. Wagoner, for the construction of a reservoir and related ditches in the Medicine Bow Mountain area. After some initial maneuvering the defendant answered and by way of a counterclaim asserted that he had been damaged in the sum of $49,918.58 by a breach of the contract and further asserted in eleven separately stated subparagraphs that he had performed certain specifically described work for which he had not been paid in the approximate sum of $35,886, which amount was later increased. Thereafter the district court on motion of the plaintiff struck from defendants counterclaim the amount claimed for breach of contract, and it seems to be conceded that the action came on for trial by the district court sitting without a jury on defendants counterclaim of work performed for which he claimed he had not been paid. The district court in its Findings of Fact and Conclusions of Law in essence concluded that plaintiff had not wrongfully terminated the contract; that there was a failure of proof by the defendant to support by substantial evidence seven of its separately stated and specifically described items of work in the approximate sum of $36,835, which would be disallowed; that three of the claims for extra cement and the laying of pipe in the sum of $926.80 was for "extra work" approved by plaintiff and should be allowed; and that the ten percent of the estimates withheld by plaintiff in the sum of $1,737.20 should also be paid. Judgment was entered accordingly and defendant has appealed. Plaintiff, on the other hand, has not appealed and has deposited its check in court for payment of the amount found due the defendant.