Winkenwerder v. Knox

This is an action for damages based upon the failure of appellant to complete the performance of certain services in accordance with the terms of a written contract. Appellant cross-complained for the unpaid balance of the compensation agreed to be paid by respondents. The case was tried to the court, sitting without a jury, which rendered judgment in favor of respondents.

In April, 1955, respondents (then a partnership) desired to close out a retail hardware business which they operated in Toppenish. For that purpose, respondents, through L. E. Winkenwerder (who will be hereinafter referred…