Wenzel v. Johnston

This is an action for a plumber’s bill. The plaintiff recovered, and the defendant brings error. The principal question is whether there was any evidence tending to show a contract made direct to the defendant, or whether, on the other hand, the evidence is open to no other construction than that the promise of defendant was collateral, and hence within the statute of frauds. The learned circuit judge submitted this question to the jury. Defendant contends that this was error. Plaintiff’s testimony was to this effect:

“Cyrus Johnston had some deal with a man by the name of Peoples, and he had…