Stern v. Ace Wrecking Co.

CAYTON, Associate Judge.

In the action below the trial judge filed a full and informative memorandum opinion in which he not only narrated the evidence but carefully marshaled the numerous contentions of the parties and reduced the issues to their simplest terms. By stipulation of counsel that memorandum was made a part of the statement of proceedings and evidence, and it has assisted us in the consideration of this appeal.

The record reveals that appellant, who was defendant below, by contract with plaintiff wrecking company authorized that company to demolish certain lumber sheds and retain…