Heslin v. Lapham

An action for damages upon a contract for the construction of additions to a building.

Judgment was entered for plaintiff, from which defendant has appealed upon the judgment-roll, his grounds for reversal being that the action was not one upon a contract, obligation, or liability founded upon an instrument in writing, as found by the trial court, and was therefore barred under subdivision 1 of section 339 of the Code of Civil Procedure.

It was found, in accordance with the allegations of the complaint, that a contract in writing was entered into between the parties, by which appellant agreed…