Johnson Service Co. v. Latourrette-Fical Co.

This is an appeal by plaintiff from the judgment and the order denying its motion for a new trial.

The plaintiff, Johnson Service Company, furnished and installed what is known as the Johnson system of temperature regulation in the county courthouse at Sacramento. The original defendant, Latourrette-Fieal Company, held a contract to furnish and install the heating system of the courthouse, including the temperature regulation apparatus, and became obligated to pay the sum of six thousand six hundred dollars for the labor and work so furnished. It was admitted by all persons concerned in the litigation that three thousand seven hundred dollars of the six thousand six hundred dollars had been paid and that there was a balance of two thousand nine hundred dollars due at the time plaintiff brought this action against the Latourrette-Fieal Company to recover the latter amount. The defendant answered admitting its obligation, but averred that the Scott, Lyman & Stack-Company claimed to be entitled to the money. Therefore it deposited the disputed moneys in court and interpleaded the Scott Company. Upon trial of the action the plaintiff claimed to have furnished the work for…