Willey v. Gas Service Co.

The opinion of the court was delivered by

Thiele, J.:

This was an action commenced by the plaintiffs to recover certain moneys deposited by them with the defendant under a written agreement for the extension of a gas main. The defendant answered admitting execution of the contract and denying generally. The case was submitted to the trial court on an agreed statement of facts to which the contract and other exhibits were attached, and in which it was stated the only issue involved was the interpretation of the contract.

A trial was had on February 25, 1954, upon the agreed statement of facts and…