Brown v. Bowers Construction Co.

The questions involved on this appeal as stated in plaintiffs’, appellants, brief are these:

“1. Did the court err in sustaining objections of defendant Bowers Construction Company to certain evidence?

“2. Did the court err in nonsuiting the case as to defendant Bowers Construction Company ?”

We are of opinion that upon consideration of the record and case on appeal both questions merit an affirmative answer.

I. The two assignments of error based upon exceptions (1) to the refusal of the court, upon objection by defendants, to admit in evidence, when offered by plaintiffs, the option and…