Pensa v. Noffsinger

Plaintiff sued on a common count for work and labor performed at the specific-request of the defendant, alleging the reasonable and agreed value thereof to be $2,892. Defendant cross-complained for $375 rent owing from plaintiff to defendant. The court gave judgment to plaintiff for $1,000 and defendant appeals.

The evidence most favorable to plaintiff is that he and defendant’s brother undertook to rent and remodel a building, that after plaintiff had done some work of remodeling it was agreed by defendant that he would rent the building and sublet one room to plaintiff and defendant’s…