Arnold v. Campbell

EDWARD N. SCRUGGS, Retired Circuit Judge.

This civil action concerns a contract to repair a fire damaged residence.

Mr. Campbell, the plaintiff contractor, sued both Mr. and Mrs. Arnold; however, only Mrs. Arnold executed the written construction contract, and a cause of action was proven solely against her. Mr. Arnold died before the trial and his death was properly suggested on the record, but the case against him was never revived. After a nonjury trial, judgment was rendered against both defendants.

Only Mrs. Arnold has appealed. She argues that where parties to an allegedly joint contract…