Wagner v. Peshastin Lumber Co.

This action is based upon a written contract. The defendants denied liability and sought affirmative relief. The cause was tried to the court without a jury, and resulted in findings of fact and conclusions of law sustaining a recovery in the sum of $31,826.98, with interest thereon at the rate of six per cent per annum from June 1, 1924. Judgment was entered in favor of the plaintiffs for the sum of $37,-410.49, from which the defendants appeal.

The facts are these: November 14, 1912, a contract was entered into between Marcus D. Wright and wife and Frank Wenz and wife and the Greenough…