Bachman v. Fortuna

This action was instituted by seven plaintiffs, as joint and several promisees, upon an alleged promise of the defendants to prepare and improve a street upon which the plaintiffs had purchased building lots. Five of the plaintiffs withdrew, and the two remaining plaintiffs, Bachman and Sweetser, proceeded to trial upon an amended complaint. The trial court rendered judgment in favor of these plaintiffs, hereinafter referred to as the plaintiffs, to recover nominal damages from the defendant John Fortuna only. The plaintiffs have appealed.

Briefly stated, the facts are as follows: The…