Schwartz v. Leiser

OPINION

By SKEEL, J:

This appeal is on questions of law from an order vacating a judgment for defendants and granting a new trial after term. The court here is ruling on plaintiff’s motion to dismiss the appeal.

The action is one for work and material (plumbing in a new house) furnished for the construction of defendants’ home. The defendants’ contract to build the home was with a general contractor and the plaintiff’s sub-contract for the plumbing work was with the general contractor and not the defendant. The allegations of the petition are that the defendant agreed to pay plaintiff the…