People v. Clemmons

From an order denying defendant’s motion for a new trial, after being convicted on two counts of grand theft by the court, sitting without a jury, defendant appeals. There is also a purported appeal from the “judgment.” *

Facts: On June 28, 1951, a contract was entered into between Evelyn Cozen, Don Cozen, Ann Temkin, A1 Temkin and defendant. This contract, which contemplated the build ing of an apartment house of which Mr. and Mrs. Cozen and Mr. and Mrs Temkin were to be the owners, and defendant Clemmons the general contractor, contained the following provisions:

“1. Contractor agrees to…