Perry
Perry v. Wolpert
Opinion
Lead Opinion
Preston, J.
The judgment is affirmed.
Appeal by defendants, P. C. Wolpert, P. C. Wolpert, doing business under the name and style of the Wolpert Lumber Company, C. D. Plum, as manager of the Wolpert Lumber Company, and the Wolpert Lumber Company, from a judgment against them and in favor of plaintiff, in the sum of $2,683.18, interest and costs, upon the main ground of insufficiency of the evidence to support the findings and failure of plaintiff to secure judgment against other parties defendant. An opening brief was filed by appellants on February 16, 1928, to which respondent has made no reply whatsoever. However, as there is ample evidence in the record to uphold the findings and judgment, we are Unable to sustain the appellants in their contention.
Certain persons, some of whom were admittedly employees of appellants and others alleged by appellants to have been solely in the employ of defendant Erickson, but all of whom held claims for labor or services performed or materials furnished to defendants, assigned their claims to plaintiff, who thereupon instituted this action in their behalf to recover the respective amounts due each of them. The complaint alleged twenty-eight distinct…