H. W. Ellis, Inc. v. Alofsin

This is an action of assumpsit to recover on certain painting contracts. It was tried to the court which gave a decision for the plaintiff for $3,174.61, of which sum $170.50 is for interest. The defendants excepted to the decision and that is the only exception pressed before us. Their other exceptions being neither briefed nor argued are deemed to be waived.

The plaintiff was a painting contractor and defendants were engaged in constructing and remodeling houses. In this action the plaintiff sought to recover for ten painting jobs which according to its evidence totaled $4,004.11. A payment…