International Roofing Corp. v. Van Der Veer

In this action brought to recover damages for the breach of an alleged contract for the installation of clapboard siding by the plaintiff, the defendants have previously filed a demand for a trial by jury. The contract in question contained a provision that in the event of breach ‘ ‘ The parties hereby waive a trial by jury ”. The plaintiff, therefore, contends that these defendants are not entitled to have a jury trial.

The defendants have interposed a defense that there was in fact never any contract entered into between the parties. It appears that the defendants did not own the house upon…