JOHNSON, Vice Chief Justice.
The parties will be referred to as they appeared in the trial court.
The essential facts germane to this appeal are that defendant Grimshaw Construction Company, a co-partnership, by contract constructed a concrete second floor in a certain building and left various openings to accommodate other fixtures to be installed later, one of which was approximately 3' x 4' wide and 30 feet above the concrete floor below.
Defendant...
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