Schaefer v. Gildea

The defendants in error were the plaintiffs below, and declared in assumpsit upon common counts for work, labor and services, laying their damages at $1,500. The plea was the general issue. The cause was tried by the court, a jury being expressly waived. The court found for the plaintiffs below $953.50, for which judgment was given with costs.

The evidence shows a parol contract between the plaintiffs and defendants, by which the plaintiffs below agreed *16to buy for the defendants the brick in constructing the walls of a building three stories high, including the basement, according to a ground…