Joplin Cement Co. v. White-Layton Mechanical Contractors, Inc.

*269The opinion of the court was delivered by

Robb, J.:

On March 18, 1960, the parties filed motions to consolidate these two appeals and on March 25,1960, the court ordered the motions allowed provided the parties stipulated in writing that the decision in one case would control the decision in the other. On April 8, 1960, such stipulation was filed and on April 13, 1960, the court approved the stipulation and ordered consolidation. Accordingly, we shall consider and decide only appeal No. 41,905 and it will control.

This appeal is from the trial court’s order sustaining plaintiff’s motion to…