OPINION
STEPHENSON, Justice.
Suit was brought in the District Court of Bernalillo County by plaintiff-appellant ("E & B") to recover the amount due under a contract between the parties. Defendant-appellee ("Phillips") counterclaimed. The case was tried to the court without a jury and judgment was entered in favor of Phillips on the counterclaim after allowing a setoff to E & B. E & B appeals.
E & B's complaint alleged that it had...
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