BIG CHIEF SALES CO., INC. v. Lowe

The opinion of the court was delivered by

Thiele, J.:

This was an action to recover on a contract for the erection of a building. The trial resulted in a judgment for plaintiffs for a sum less than that alleged to be due and plaintiffs have appealed.

Under date of December 20, 1951, the Big Chief Sales Company, hereafter called Sales Company, commenced an action against the defendant Lowe. We shall not detail intervening motions and pleadings, but finally a second amended petition was filed naming the Sales Company and Big Chief Manufacturing Company, hereafter called Manufacturing Company, as…