Meskell

Statement of the Case

Plaintiff, as prime contractor on the project, brought an action to recover damages against defendant Culver City Unified School District (hereinafter District) and defendant Flewelling & Moody (hereinafter Flewelling), the architect retained by the District, caused principally by an alleged misrepresentation in the plans and specifications as to the weight of certain concrete roof segments which failed during the course of construction of a school auditorium for the District, and an alleged change in the specifications requiring a more expensive method of repairing voids in the concrete roof segments.

The cause was tried before a jury which returned a verdict in favor of plaintiff and against both defendants in the sum of $47,545.75 and against defendant District in the further sum of $3,718. A motion for a new trial was made on behalf of, and was granted as to each defendant. Thereafter plaintiff moved to strike the order granting the new trials, and this motion was granted upon the ground that the court had lost jurisdiction to grant the new trials. The appeals are from the order granting the motion to strike the order granting the new…