Lafontaine v. Mitchell

Opinion op the Court by

Judge Sampson

Affirming.

A question of fact only is presented by- this appeal. "Was the excavation - of the cellar done according to the contract? Commenting upon this question, counsel for appellant says: “If so, the verdict is entirely correct; if not, the verdict is wrong,” and-proceeds to argue that the verdict is flagrantly ag’ainst the weight of the evidence. Appellant, LaFontaine, Jr., entered into a verbal contract with appellee, Mitchell, whereby he engaged Mitchell at the price-of $1.-10> per cubic -yard’to -excavate-a cellar under one room of- appellant’s…