Enslow v. Von Guenthner

McCABE, J. pro tem. *

Plaintiff brought an action against defendant to recover judgment in damages on an agreement. From a judgment in favor of defendant, plaintiff pursues this appeal.

Under a written agreement defendant had constructed certain buildings for plaintiff. Upon the completion of the buildings, plaintiff withheld the last payments of money from defendant, claiming as his right to do so that the roof was defective. Later plaintiff and defendant were together in defendant ’s office and at plaintiff’s dictation the following paper was written :

“Fred C. von Guenthner General Contractor

“…