Zelinger v. Mellwin Construction Co.

This matter is before us on motion to dismiss writ of error upon the ground, as asserted, that plaintiff in error in the trial court waived right to seek relief in an appellate court, and is estopped thereby.

Defendant in error, to which we shall refer herein as the Company, brought action against plaintiff in error Zelinger to recover damages arising out of a written contract for the construction of a commercial building and to foreclose a mechanic’s lien thereon. Zelinger filed responsive answer and counterclaim. One Schrepferman, a building contractor, was appointed special master to take…