Jose-Balz Co. v. Dewitt

The pleadings allege and the evidence shows in this case that, on March 7, 1922, the appellant and Ernest L. Ziegler and Edith Ziegler, his wife, entered into a written contract for the purchase of a certain lot and the erection of a house and garage thereon by the appellant. Ernest L. Ziegler has since died, and Edith Ziegler has married a man by the name of De Witt, and she is the appellee herein.

By the terms of the contract, the house was to be built according to the plans and specifications, the appellant to furnish all labor and material, the appellee to specify the kind and quality of…