Parr Construction Co. v. Pomer

Bruñe, C. J.,

delivered the opinion of the Court.

The appellee, Jerome Pomer, trading as Pomer Construction Company (Pomer), sued the appellants, Parr Construction Co., Inc. (Parr) and Nathan Scherr, the President of Parr, individually, for the unpaid balance due under a verbal contract to perform certain excavation work and for sundry other items. None of the other items are now in dispute, and the appellee concedes that he was not entitled to a judgment against Scherr individually. In fact, after the appeal had been taken in this case, he filed an order in the trial court to “dismiss” the…