Strimiska v. Yates

The defendant has appealed from a judgment which was rendered by a state referee and which awarded the plaintiff the entire unpaid balance of the contract price. Although the judgment was rendered against two defendants, only one de fendant has taken this appeal. He claims that a material variance exists between the pleadings and the finding, that the finding fails to reveal the occurrence of a claimed condition precedent and, finally, that the plaintiff was not entitled to recover as damages the entire unpaid balance of the contract price.

The defendant has failed to pursue in his brief a…