Sherman v. Western Construction Co.

— Plaintiffs instituted this action to recover a sum of money claimed to be due on a written contract. The case, tried to the court, resulted in the entry of judgment in favor of plaintiffs. Defendant has appealed.

The assignments of error relate to actions of the court in striking certain portions of appellant’s defense and in the entry of findings of fact, conclusions of law, and judgment in favor of respondents.

The facts may be stated as follows: In November, 1937, appellant, as general contractor for the construction of a post office, agreed to pay Austin Plumbing & Heating Co.…