E. H. Bardes Range & Foundry Co. v. Weaver

OPINION

By BARNES, J.

The above entitled cause is now *384being determined as an error proceeding by reason of defendant’s appeal on questions of law from the judgment of the Court of Common Pleas of Montgomery County, Ohio.

The following brief history of the factual questions will aid in an understanding of the issuable questions.

In July, 1936, the present defendant, Elgar Weaver, contracted with W. F. Schmidt, of Dayton, a heating contractor, to install a stoker and do certain other work in and about the Bellevue Apartments. This was a very large building, consisting of some sixty apartments.…