Smith v. Brocton Preserving Co.

This is an appeal by plaintiffs from an order setting aside a verdict of $2,500 in their favor and granting a new trial unless plaintiffs stipulate to reduce the verdict to the sum of $1,008.40.

Plaintiffs entered into two written contracts with the defendant preserving company by which they undertook to perform certain work on a construction job. The first contract was dated March 5, 1935, and provided for doing certain work “ in accordance with * * * plans and specifications ” for $900, the work to be completed by April fifteenth, “ weather permitting.” The second contract was dated March…