BETZING v. WYNN


248 S.W.2d 727 (1952)

BETZING et al. v. WYNN.

Court of Appeals of Kentucky.

May 2, 1952.


Attorney(s) appearing for the Case

William B. Gess, Jack F. Mattingly, Lexington, for appellants.

George R. Smith, J. Marshall McCann, Lexington, John G. Atchison, Jr., Lexington, for appellee.


CLAY, Commissioner.

Appellants employed appellee to construct a building for them. After a substantial amount of work had been completed, the contract was cancelled by mutual agreement. Appellee sued for the balance due him, which was agreed upon, subject to such set-off as appellants proved by reason of appellee's failure to perform according to specifications. The jury disallowed appellants any recovery by way of set-off. On this appeal appellants contend: (1) the...

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