Brandenburg v. Burns

CLAY, Commissioner.

This suit was brought by appellee Burns to recover the balance due on an oral contract to build a house for appellants and to enforce a materialman’s lien. They answered, denying the amount allegedly due, and counterclaimed for damages arising from faulty construction and defamation of character. Appellee, The Farmers Bank, was made a party because it held a mortgage on appellants’ property. The only question on appeal as between appellants and appellee Burns is whether or not the former were erroneously denied a jury trial.

A jury trial was demanded by appellants in their…