Nixon v. Shoup

McMurray, Presiding Judge.

Plaintiff entered into a contract to do certain plumbing work for defendant. Prior to completion of the project plaintiff ceased work on the project due to the failure of defendant to make certain payments. Plaintiff filed this action alleging an indebtedness for labor and materials furnished, plus interest. Following a verdict in favor of plaintiff, defendant appealed and plaintiff cross-appealed. Defendant’s appeal has been withdrawn leaving only the issues submitted by plaintiff’s cross-appeal. Held:

1. Plaintiff enumerates as error the trial court’s failure to…