Whalen v. Smith Fireproof Construction Co.

Opinion by

Mr. Justice Simpson,

Plaintiffs agreed with defendant to set in place the reenforcing iron rods needed in the construction of a large department store. Because of a dispute as to the two items hereinafter set forth, the present suit was brought, which resulted in a verdict and judgment for defendant, and this appeal by plaintiffs. As to the first of these items, the court left the issue to be decided by the jury, and, as to the second, gave binding instructions in defendant’s favor. We will review them in the above order.

The statement of questions involved (which is a controlling…