Van Hook v. Burns

The opinion of the court was delivered by

Stiles, J.

The record of this court showing that the respondent’s motion to dismiss the appeal was denied at a former session of the court and the appellants given leave to file a brief upon the merits, we shall not now again entertain the motion upon the ground of the appellants’ laches in not filing a brief within the usual time allowed by statute.

Respondent brought an action to recover a balance alleged to be due on a contract made by him with appellants for the performance of certain work along the line of the Spokane Falls & Northern Railroad. The…