City of Denver v. Midwest Plumbing & Heating Co.

Defendant in error, plaintiff below, hereinafter designated as the plumbing company, had judgment in a trial to a jury against plaintiff in error, the City and County of Denver — reference to which will be made as the city —for balance due on a contract for a boiler, which the plumbing company had installed at the Denver General Hospital for the city. The city seeks reversal on a writ of error.

The contract was entered into about March 6, 1939, and work was commenced thereunder shortly thereafter. Normal progress was made and the job substantially completed on October 31st, after certain…