Kirn v. Kraus Plumbing & Heating Co.

This action comes into this court on appeal from the court of common pleas of Summit county, and was heard below and here practically upon an agreed statement of facts, although an examination of the pleadings will disclose that *56all the facts admitted in the agreed statement of facts, or proved by the evidence, were set forth in the petition and admitted in the answer, so the question resolves itself practically into a question of law.

The action was brought by Walter F. Kirn and John H. Shuman, as plaintiffs, against The Kraus Plumbing & Heating Company, Elmer D. Ruch, John V. Kraus and Fred…