Louis J. Sigl, Inc. v. Wertheimer

Appeal from a-judgment in favor of plaintiff and in favor of defendants Standard Plate Glass Company and others, entered in the Erie county clerk’s office on May 26, 1927.

We think the evidence is sufficient to sustain the findings of the referee as to the performance of the contract by the principal contractor and *807as to the amount unpaid thereon by the defendant Wertheimer. The complaint in the action was in the ordinary form for foreclosure and sale. It appears by stipulation duly filed in this court that subsequent to the commencement of the action, the defendant Wertheimer procured a…