Caldwell v. Pierce

*329Opinion op the Court by

William Rogers Clay, Commissioner

— Affirming on cross appeal and reversing on original appeal.

At the time of the institution of this action plaintiff, Fannie J. Pierce, trading and doing business as the Marbleithie Company, was engaged in manufacturing and installing marble and tile works. Defendants, George W. Caldwell and Leslie Drake, partners trading and doing business under the firm name of Caldwell & Drake, were general contractors engaged chiefly in the business of erecting public buildings. For many years prior to the institution of this action, defendants, when…