Simkins v. Bechtol

This action was commenced on July 6, 1961, to recover under an oral contract for materials and labor, mostly extras, allegedly used in the construction of a dwelling house. Issue was joined on August 2, 1961, by service of an answer. Notice of trial was served by plaintiff on August 4, 1961 and filed on August 7, 1961. Depositions of the defendants, who are husband and wife, as adverse parties, were taken on December 15, 1961. It appears a genuine dispute exists between the parties on the claim made.

The record reveals there was no correspondence or communication between counsel concerning the…