Moore v. Whitty

Opinion by

Mk. Justice Frazer,

Plaintiff sued in two separate actions in assumpsit to recover damages for breach by defendants of contracts for installation by plaintiffs of tile, marble, and bathroom fixtures in two disconnected apartment houses to be erected by defendants. The cases were tried together by agreement, and resulted in verdicts for plaintiffs. The court below entered judgment on the verdicts. Defendants appealed.

Defendants had a contract for the erection of the apartments in question and plaintiffs, being engaged in the business of supplying materials and labor for the…