Soderberg

Appellants (Edward C. Soderberg, John J. Kissane and Willard B. Howell) brought *38 an action against appellees (S. Birch & Sons Construction Company and Morrison-Knudsen Company). The complaint was in 85 counts. Appellees answered, and a trial was had. At the trial, counts 51, 74 and 81 were dismissed on motion of appellants. After the trial, a judgment was entered granting in part the relief sought in counts 1, 2, 8, 9, 16 and 18 and dismissing counts 3-7, 10-15, 17, 19-50, 52-73, 75-80 and 82-85. Appellants appealed from the whole of the judgment except the part relating to count 16. On motion of appellants, we dismissed the appeal as to counts 6, 9, 11, 14, 41-50, 52-56, 69, 70, 72, 73, 75, 78 and 85. There remain for consideration 55 counts — counts 1-5, 7, 8, 10, 12, 13, 15, 17-40, 57-68, 71, 76, 77, 79, 80 and 82-84.

Count 1 stated a claim of appellant Kis-sane. Count 2 stated a claim of appellant Soderberg. Count 3 stated a- claim of appellant Howell. Count 8 stated a claim assigned to appellants by Dewitt T. Ferrell. Count-18 stated a claim assigned to appellants by Edgar W. Scheid. Counts 4, 5, 7, 10, 12, 13, 15, 17, 19-40, 57-68, 71, 76, 77, 79, 80 and 82-84 stated…