McQUADE, Justice.
This is an action between B. R. Goodwin and Verl Goodwin, a partnership doing business as Goodwin Construction Company, referred to hereinafter as the contractor, and the Village of Firth, Idaho, referred to hereinafter as the Village.
The contractor alleges breach of a contract by which it was to install a sewer system in the Village for the sum of $37,002.55. The Village cross-complains for the cost of re-laying the sewer line.
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