Siegel, Cooper & Co. v. Eaton & Prince Co.

This was a suit instituted by appellee to recover for the part performance of a contract entered into with appellant for the erection of an elevator in a building occupied by appellant. The case was tried below by the court without a jury, upon an agreed statement of facts, and a judgment was rendered in favor of appellee for $1,390, from which this appeal is prosecuted.

The statement of facts, and material portions of the contract which was a part thereof, were as follows:

“It is hereby stipulated and agreed that the plaintiff and defendant entered into the contract hereto annexed on the first…