Appliance Co. v. Kelley

Plaintiff filed its action in the Superior Court against defendants to recover a balance due it under a contract to install an 1 ice-box and display ease and refrigerating machinery and equipment in a store being erected by the defendant, Joseph C. Kelley, as contractor, for the defendants and appellants, Tony Berardino and Rose Berardino, as owners. Appellants filed their cross-complaint against their co-defendant asking for damages, but it was stipulated by all parties at the trial that upon his deposit of $549 in court no judgment would be taken against him. Respondent recovered judgment…