This is a suit on account. The plaintiff's complaint avers that defendant is indebted to plaintiff for building materials furnished to defendant and used by defendant in construction of a motel.
The defendant made his motion for summary judgment, supported by affidavits, contending that he was merely the general Superintendent and not the general contractor on the construction project Plaintiffs response to defendant's motion for summary judgment, also Supported by affidavits, contends that defendant was in fact the contractor on the construction project, conducted himself as such and ordered materials from plaintiff in that capacity. The trial court denied defendant's motion for summary judgment, and the case went to trial before a jury and a verdict was returned in favor of plaintiff. Defendant appeals from the order denying his motion for summary judgment. Held:
1. Plaintiffs motion to dismiss the appeal is denied.