Kolton v. Nassar

Separate appeals, consolidated for presentation here, bring up for review a judgment and a decree which, in the above entitled law and chancery cases respectively, were entered against plaintiff-appellant Kolton. By stipulation it is agreed that the decision of this Court in the law case, either to affirm or reverse, shall govern disposition of the chancery case. Thus the law case only will receive consideration in the ensuing opinion.

Plaintiff’s suit against defendants, for damages arising from breach by defendants of the presently summarized building contract, was tried to a jury. The trial…