Central Refrigeration, Inc. v. Monroe

Plaintiff moved for an order dismissing the appeal for failure of the appealing defendants to serve notice thereof upon the other defendants. At the time of the appeal the action had been dismissed as to these defendants; they were no longer parties upon whom notice of appeal is required to be served.

The complaint alleges that the work of construction was agreed to be paid for on a basis of cost plus ten per cent, also that the reasonable value of the labor and materials put into the construction was in excess of $85,496.74.

The defense is that it was agreed that plaintiff would furnish the…