Carras v. Birge

Appellees John Birge and Charles Reynolds instituted this suit against appellant Gus Carras and a Mr. Fields for damages resulting from breach of contract. Fields was joined in the suit as co-respondent to the breach, but, for the judgment in his favor, he is not a party in this appeal; hence will not be herein further noticed. For convenience, appellees and appellant Carras will be designated respectively as in the court below, — plaintiffs and defendant.

The contract is in writing, signed by the parties on June 17, 1947, and a copy is attached to plaintiffs' petition and made a part thereof.…