Smythe v. Parsons

The opinion of the court was delivered by

Valentine, J.:

This action is founded upon a written contract, set forth as an exhibit to the plaintiffs’ petition, and is for a balance due for labor and materials furnished in 1882, in the construction of a large brick building in the city of Wichita. The action was commenced in the district court of Sedgwick county by Charles A. Parsons and James Longmire, partners, against F. G. Smythe sr., F. G. Smythe jr., and Charles H. Smythe, and was afterward removed by change of venue to the district court of Greenwood county, where it was tried in 1885,…