W. P. Nelson Co. v. Weyl
Indiana Court of Appeals
From Marion Superior Court (103,458); Theophilus J. Moll, Judge. Proceeding upon petition by W. P. Nelson Company in tbe matter of tbe receivership of the Strand Theater Company (of Indiana), Carl L. Weyl, receiver. From the judgment rendered, the petitioner appeals.
1Opinion of the CourtMcMahan, J.
— The Strand Theater Company of Illinois and Ernest C. Divine were lessees of the Park Theater in the city of Indianapolis. On October 26, 1915, said lessees entered into an agreement with the appellant whereby they employed appellant, and the appellant agreed to furnish material and perform the necessary labor in overhauling and remodeling the theater building.
Appellant began this work in December, 1915, and continued the same in accordance with the specifications, except that by agreement one item was omitted and a credit of $60 was allowed therefor. Some extra work was done as provided in…
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