Tarman

Defendant Tarman appeals from a judgment against him and defendant Van Vleck in favor of nine plaintiff-materialmen for separate amounts totalling $13,585.24 and in favor of cross-complainant Burt for $3,550 as damages in lieu of specific performance of a contract for the sale of a house.

Questions Presented

1. Was the pleading of joint venture eliminated by the “amended and supplemental complaint?”

2. Is the finding of joint venture supported ?

3. Is the finding of joint venture one of fact?

4. Did the court fail to find on a material issue?

5. Alleged error in refusing to permit defendant Tarman to file cross-complaint against Van Vleck.

6. Did the court err in dismissing Bank of America as a defendant ?

7. Was sending letters by plaintiffs to the trial judge after submission prejudicial?

Record

The complaints of the materialmen were consolidated for trial, and were identical in their allegations except for the amounts sought. There were two causes of action, one for foreclosure of mechanics’ liens, the second for materials and services. Both counts alleged that the materials and services were furnished at the request of defendant Van Vleck and used in the construction…